--.      i 


EXECUTIVE  ORDERS 


RELATING  TO  THE 


ISTHMIAN  CANAL  COMMISSION 


MARCH,  1904,  TO  JUNE  12,  1911,  INCLUSIVE 


Gift  of  the  Panama  Canal  Museum 


WASHINGTON 
1911 


r 


m: 


EXECUTIVE  ORDERS 


RELATING  TO  THE 


I 


ISTHMIAN  CANAL  COMMISSION 


MARCH,  1904,  TO  JUNE  12,  1911,  INCLUSIVE 


I 


WASHINGTON 
15U 


TABLE  OF  CONTEI^TS. 


Page. 

Letter  of  the  President,  Mar.  8,  1904,  relative  to  duties  of  commission 1 

Order  of  the  President,  Mar.  26,  1904,  prescribing  compensation  of  commis- 
sioners    3 

Letter  of  the  President,  May  9,  1904,  placing  commission  under  supervision  of 

the  Secretar}'  of  War  and  defining  Jurisdiction  of  the  commission < 4 

Order  of  the  Secretary  of  War,  June  24,  1904.  Establishment  and  administra- 
tion of  customs  service  in  the  Canal  Zone 12 

Order  of  the  Secretary  of  War,  June  24,  1904,  establishing  postal  service  in 

the  Canal  Zone ' 14 

Order  of  the  President,  Nov.  15,  1904.     Classificatiun  of  commission  under 

civil-service  laws 15 

Order  of  the  Secretary  of  War,  Dcic.  3, 1904.    Importations  into  the  Canal  Zone.         17 

Order  of  the  Secretary  of  War,  Dec.  6, 1904.    Importations  into  the  Canal  Zone.         22 

Order  of  the  Secretary  of  War,  Dec.  16,  1904,  revoking  order  of  June  24, 1904, 
relative  to  establishment  and  administration  of  customs  service  in  the  Canal 
Zone 23 

Order  of  the  Secretary  of  War,  Dec.  28,  1904.  Establishment  of  customs  admin- 
istration in  the  Canal  Zone 24 

Order  of  the  President,  Dec.  8,  1904,  waiving  United  States  citizenship  of  em- 
ployees on  the  Isthmus L 26 

Order  of  the  President,  Jan.  5,  1905,  amending  civil-service  rules  applicable  to 

the  commission 27 

Order  of  the  Secretary  of  War,  Jan.  7,  1905.     Entries  of  merchandise  at  ports 

of  Canal  Zone 28 

Order  of  the  President,  Jan.  13,  1905,  appointing  Joseph  L.  Bristow  special 

Panama  R.  R.  commissioner 30 

Order  of  the  Secretary  of  War,  Jan.  17,  1905,  appointing  members  of  joint 

expropriation  commission 31 

Order  of  the  Secretary  of  War,  Jan.  19,  1905,  amending  order  relative  to  mem- 
bers of  joint  expropriation  commission 32 

Order  of  the  President,  Apr.  1,  1905,  reorganizing  the  commission 33 

Letter  of  the  Secretary  of  War,  Mai-.  30,  1905,  recommending  reorganization 
of  the  commission 36 

Order  of  the  Secretary  of  War,  Apr.  3,  1905,  fixing  compensation  and  allow- 
ances of  commissioners 40 

Action  of  commission,  Apr.  3,  1905,  in  connection  with  its  reorganization 40 

Order  of  the  Secretary  of  War,  Apr.  18,  1905,  amending  order  relative  to  mem- 

1  )ers  of  joint  expropriation  commission 45 

Order  of  the  Secretary  of  War,  Apr.  24,  1905,  authorizing  appropriation  from 

Canal  Zone  Government  funds  for  contingent  expenses 46 

Order  of  the  Secretary  of  War,  May  31,  1905,  amending  order  fixing  compen- 
sation and  allowances  of  commissioners 47 

Order  of  the  President,  June  8,  1905,  ai^pointing  S.  L.  Lupton,  F.  R.  Parks, 
E.  S.  Rockwell,  William  K.  West,  and  Paul  C.  Norris  to  positions  under  the 

commission 48 

ni 


IV  CONTENTS. 

Page. 

Order  of  the  President,  June  24, 1905,  appointing  board  of  consulting  engineers. .        49 

Order  of  the  President,  July  15,  1905,  prescribing  compensation  of  Joseph  L. 

Bristow 50 

Order  of  the  President,  Aug.  31,  1905,  prescribing  compensation  of  members  of 
the  board  of  consulting  engineers 51 

Order  of  the  President,  Sept.  8,  1905,  amending  civil  service  rules  relating  to 
removal  of  employees 52 

Order  of  the  Secretary  of  War,  Nov.  5,  1905,  prescribing  rules  and  instructions 
relative  to  the  accounting  system  of  the  government  of  the  Canal  Zone 53 

Order  of  the  President,  Nov.  15,  1905,  authorizing  temporary  appointments  on 

the  Isthmus 62 

Order  of  tiie  President,  Nov.  25,  1905,  amending  order  prescribing  compensa- 
tion of  members  of  the  board  of  consulting  engineers 63 

Order  of  the  President,  Dec.  7,  1905,  fixing  date  for  holding  quarterly  session 

of  the  commission 64 

Order  of  the  President,  Dec.  18,  1905,  appointing  Miss  Anna  F.  McCormick  to 
to  position  under  the  commission 65 

Order  of  the  President,  Jan.  8,  1906,  appointing  Ralph  Whitman  to  position 
under  the  commission 66 

Order  of  the  President,  Jan.  12,  1906,  revoking  order  authorizing  temporary 

appointments  on  the  Isthmus 67 

Order  of  the  President,  Jan.  12,  1906,  amending  civil  service  rules  applicable 

to  employees  on  the  Isthmus 68 

Order  of  the  President,  Feb.  19,  1906,  amending  order  prescribing  compensa- 
tion of  memliers  of  the  board  of  consulting  engineers 69 

Order  of  the  President,  Feb.  26,  1906,  amending  order  prescribing  salaries  and 
allowances  of  commissioners 70 

Order  of  the  President,  Mar.  26,  1906,  defining  intention  of  order  fixing  sala- 
ries and  allowances  of  commissioners 71 

Order  of  the  President,  May  31,  1906,  prescribing  rules  under  which  appoint- 
ments, transfers,  and  promotions  on  the  Isthmus  may  be  made _ 72 

Order  of  the  President,  June  30,  1906,  fixing  compensation  and  allowances  of 

commissioners 73 

Order  of  the  President,  July  17,  1906,  making  permanent  certain  temporary 
appointments  on  the  Isthmus 74 

Order  of  the  Secretary  of  War,  July  27,  1906,  amending  rule  17  of  rules  and 
instructions  relative  to  accounting  system  of  government  of  Canal  Zone 75 

Order  of  the  President,  Sept.  20,  1906,  fixing  date  for  holding  quarterly  ses- 
sion of  the  commission 76 

Order  of  the  Secretary  of  War,  Sept.  24, 1906,  appropriating  funds  of  the  Canal 

Zone  government  for  school  purposes 77 

Order  of  the  Secretary  of  War,  Sept.  24, 1906,  appropriating  funds  of  the  Canal 

Zone  government  for  contingent  expenses 78 

Order  of  the  Secretary  of  War,  Nov.  17, 1906,  authorizing  purchase  of  Panaman 

stamps  out  of  funds  of  Canal  Zone  government 79 

Order  of  the  President,  Nov.  17,  1906,  reorganizing  the  commission 80 

Order  of  the  President,  Feb,  21,  1907,  authorizing  transfer  of  John  E.  Kidwell 

from  Isthmian  service  to  classified  clerical  ])Osition  in  the  United  States 83 

Order  of  the  Secretary  of  War,  Feb.  21,  1907,  ratifying  action  of  the  commis- 
sion in  increasing  salaries  of  employees  of  the  Canal  Zone  government 84 

Order  of  the  Secretary  of  War,  Feb.  28,  1907,  ratifying  acts  and  resolutions  of 
the  commission  changing  laws  of  the  Canal  Zone 85 


CONTENTS.  V 

Page. 

Order  of  the  Secretary  of  War,  Feb.  28,  1907,  ratifying  action  of  the  commis- 
sion authorizing  payment  by  commission  of  premiums  on  surety  bonds  of 
employees 86 

Order  of  the  Secretary  of  War,  Mar.  4,  1907,  placing  Joseph  B.  Bishop,  secre- 
tary of  the  commission,  in  charge  of  Washington  office 87 

Order  of  tlie  President,  Mar.  4,  1907,  appointing  John  F.  Stevens  as  chairman 
of  the  commission  and  Lieut.  Col.  George  W.  Goethals,  United  States  Army, 
as  member  of  the  commission 88 

Order  of  the  Secretary  of  War,  Mar.  12,  1907,  establishing  rules  for  making 
and  recording  instruiuents  in  writing  affecting  real  property  in  the  Canal 
Zone 89 

Order  of  the  Secretary  of  War,  Mar.  12,  1907,  extending  United  States  patent, 
trade-mark,  and  copyright  laws  to  the  Canal  Zone '....        90 

Order  of  the  Secretary  of  War,  Mar.  12,  1907,  appointing  members  of  joint 
expropriation  commission 91 

Order  of  the  Secretary  of  War,  Mar.  12,  1907,  prescribing  regulations  for  insur- 
ance companies  doing  business  in  the  Canal  Zone - 92 

Order  of  the  President,  Mar.  13,  1907,  providing  for  the  celebration  of  marriages 

in  the  Canal  Zone 93 

Order  of  the  President,  Mar.  13,  1907,  dividing  the  Canal  Zone  into  adminis- 
trative districts 94 

Order  of  the  President,  Mar.  13,  1907,  amending  Penal  Code  and  Code  of 

Criminal  Procedure  of  the  Canal  Zone 97 

Order,  of  the  President,  Mar.  14,  1907,  refusing  permission  to  aliens  to  enter 

continental  territory  of  the  United  States 99 

Order  of  the  President,  Mar.  16,  1907,  appointing  Maj.  William  S.  Sibert, 
United  States  Army,  Maj.  David  Du  B.  Gaillard,  United  States  Army,  and 
Civil  Engineer  H.  H.  Rousseau,  United  States  Navy,  as  members  of  the 
commission,  and  fixing  their  compensation  and  allowances 100 

Order  of  the  President,  Mar.  18,  1907,  amending  order  relative  to  allowances 
for  Lieut.  Col.  Geo.  W.  Goethals,  United  States  Army,  as  member  of  the 
commission 101 

Order  of  the  President,  Mar.  22,  1907,  promulgating  Code  of  Civil  Procedure 

for  the  Canal  Zone 102 

Order  of  the  President,  Mar.  26,  1907,  authorizing  transfer  of  W.  P.  Armstrong 
to  any  competitive  position 103 

Order  of  the  President,  Apr.  1,  1907,  appointing  Lieut.  Col.  Geo.  W.  Goethals, 

United  States  Army,  as  chairman  of  the  commission 104 

Order  of  the  President,  Apr.  1,  1907,  appointing  Joseph  C.  S.  Blackburn  a 

member  of  the  commission  and  fixing  his  compensation  and  allowances 105 

Order  of  the  Secretary  of  War,  Apr.  2,  1907,  vesting  authority  of  governor  or 

chief  executive  of  the  Canal  Zone  in  chairman  of  the  commission 106 

Order  of  the  President,  Apr.  15,  1907,  amending  civil-service  rules  relative  to 
transfers 107 

Order  of  the  President,  May  31,  1907,  providing  for  celebration  of  marriages 
in  the  Canal  Zone 108 

Order  of  the  President,  June  5,  1907,  amending  civil-service  rules  relative  to 

transfers 109 

Order  of  the  President,  June  11,  1907,  authorizing  transfer  of  George  S.  Fox 

from  Isthmian  service  to  a  classified  position  in  the  United  States 110 

Order  of  the  Secretary  of  War,  June  22,  1907,  amending  act  No.  24  of  the 
commission  relative  to  administration  of  estates  of  deceased  employees  on 
the  Isthmus Ill 


VI  CONTENTS. 

Page. 

Order  of  the  President,  July  1,  1907,  transferring  purchase  of  material  and 
supplies  to  supervision  of  Chief  of  Engineers,  United  States  Army 112 

Order  of  the  President,  Aug.  3,  1907,  revoking  order  authorizing  transfer  of 

George  S.  Fox  to  classified  position 113 

Order  of  the  President,  Aug.  12,  1V)07,  fixing  salary  of  Lieut.  Col.  AV.  C.  Gorgas 
and  Jatkson  Smith 114 

Order  of  the  President,  Aug.  15,  1907,  reorganizing  Washington  office  of  the 
commission 115 

Order  of  the  President,  Aug.  15,  1907,  reorganizing  disbursing  and  accounting 
systems 116 

Order  of  the  Secretary  of  War,  Aug.  15,  1907,  appointing  Maj.  H.  F.  Hodges, 
United  States  Army,  as  general  purchasing  officer  of  the  commission  and       119 
prescribing  approval  for  vouchers 

Order  of  the  Secretary  of  War,  Aug.  15,  1907,  providing  for  payment  of  com- 
pensation to  Panaman  members  of  the  joint  tribunal 120 

Order  of  the  Secretary  of  War,  Aug.  17,  1907,  ])rovi(ling  for  payment  of  travel- 
ing expenses  of  B.  S.  Ambler  and  ^Montgomery  Blair,  members  of  the  joint 
commission 121 

Order  of  the  Secretary  of  War,  Sept.  4,  1907,  ratifying  contract  between  the 
commission  and  the  Republic  of  Panama  respecting  water  rates  in  the  city  of 
Panama 1 22 

Order  of  the  Secretary  of  War,  Sept.  4,  1907,  amending  liquor  regulations  per- 
mitting sale  in  restaurant-,  hotels,  etc 123 

Order  of  the  Secretary  of  War,  Sept.  13,  1907,  authorizing  payment  of  $15  pei; 
day  to  Kamon,  Arias  F.,  Panaman  member  of  joint  tribunal 124 

Order  of  the  Secretary  of  War,  Sept.  13,  1907,  amending  tax  regulations  to 
permit  of  baseball,  et  •.,  without  license  fee     125 

Order  of  the  Secretary  of  War,  Sept.  25,  1907,  authorizing  purchase  of  bricks 

from  Rogers  &  Co.,  of  Baranquilla,  Colombia 126 

Order  of  the  Secretary  of  War,  Oct.  16,  1907,  amending  sewer  and  water  regu- 
lations         1 27 

Order  of  the  President,  Jan.  6,  1908,  modifying  order  of  Nov.  17,  1906,  reor- 
ganizing commission  and  defining  its  duties 129 

Letter  of  the  Secretary  of  War,  Jan.  5,  1908,  transmitting  draft  of  foregoing 
order  to  the  President 131 

Order  of  the  President,  Jan.  9,  1908,  providing  punishment  for  vagrancj', 
intoxication,  and  disorderly  conduct  in  the  Canal  Zone 132 

Order  of  the  President,  Jan.  9,  1908,  providing  for  disposition  of  unclaimed 

freight  and  baggage 133 

Order  of  the  President,  Jan.  9,  1908,  dividing  the  Canal  Zone  into  three  judi- 
cial districts 134 

Order  of  the  President,  Jan.  9,  1908,  providing  for  fines  to  prevent  Chinese 

escaping  on  the  Canal  Zone 1 35 

Order  of  the  President,  Jan.  27,  1908,  amending  civil-service  Rule  VIII  on 
temporary  appointments 136 

Order  of  the  President,  Feb.  6,  1908,  establishing  jury  trials  in  the  Canal  Zone.       138 

Order  of  the  President,  Feb.  7,  1908,  authorizing  reinstatement  of  Douglas  B. 
Thompson  with  privilege  of  transfer  to  departmental  service 140 

Order  of  the  Secretary  of  War,  Feb.  8,  1908,  restricting  gold  employees  to 
American  citizens 141 

Order  of  the  President,  Feb.  21,  1908,  authorizing  appointment  of  Edwyn  N. 

Purvis,  former  canal  employee,  to  classified  service  in  the  United  States 142 

Order  of  the  Secretary  of  War,  Feb.  27,  1908,  establishing  ordinance  for  driving 
automobiles  in  the  Canal  Zone 143 


CONTENTS.  VII 

Page. 

Order  of  the  Secretary  of  War,  Feb.  27,  1908,  fixing  charges  to  be  paid  by 
Republic  of  Panama  for  care  of  her  indigent  sick,  lepers,  etc.,  in  commission 
hospitals 144 

Order  of  the  President,  Mar.  31,  1908,  amending  order  establishing  jury  trials 
in  the  Canal  Zone 145 

Order  of  the  President,  Apr.  24,  1908,  amending  laws  of  Canal  Zone  making 
it  a  misdemeanor  to  deface  or  remove  boundary  or  survey  monuments 146 

Order  of  the  Secretary  of  War,  Apr.  25,  1908,  transferring  certain  work  from 
the  superintendent  of  public  works  to  the  department  of  civil  administra- 
tion   » 147 

Order  of  the  Secretary  of  War,  May  19,  1908,  appropriating  Canal  Zone  gov- 
ernment funds  for  contingent  expenses,  operation  of  public  works,  and  for 
school  i^urposes .^      148 

Order  of  the  Secretary  of  War,  July  3,  1908,  amending  section  321  of  the  Code 
of  Civil  Procedure,  providing  for  the  authentication  of  signatures 149 

Order  of  the  Secretary  of  War,  July  6,  1908,  appointing  Capt.  F.  C.  Boggs, 
United  States  Army,  as  general  purchasing  officer  and  chief  of  Washington 
office 150 

Order  of  the  Secretary  of  War,  Aug.  6,  1908,  fixing  compensation  of  Everett  C. 

Bumpus  and  Edwin  Denby,  members  of  the  joint  commission 151 

Order  of  the  Secretary  of  War,  Aug.  6,  1908,  fixing  compensation  of  Messrs. 

Ponce  and  Fabrega,  Panaman  members  of  the  joint  commission  _ 152 

Order  of  the  Secretary  of  War,  Aug.  12,  1908,  approving  resolution  of  commis- 
sion authorizing  chairman  to  direct  assistant  to  the  chief  of  office  to  approve 
for  payment  vouchers,  etc 153 

Order  of  the  President,  Aug.  14,  1908,  amending  section  344  of  the  Penal  Code 
of  the  Canal  Zone,  making  grand  larceny  punishable  by  not  exceeding  10 
years'  imprisonment 154 

Order  of  the  President,  Sept.  10,  1908,  appointing"  members  of  interdepart- 
mental statistical  committee  and  defining  duties 155 

Order  of  the  President,  Sept.  15,  1908,  appointing  Drs.  Hopkins  and  Cunning- 
ham without  reference  to  civil-service  rules 157 

Order  of  the  Secretary  of  War,  Sept.  17,  1908,  changing  names  of  certain  divi- 
sions under  the  department  of  civil  administration 158 

Order  of  the  Secretary  of  War,  Sept.  28,  1908,  inci'easing  compensation  of 

Everett  C.  Bumjxis,  member  of  joint  commission 159 

Order  of  the  President,  Sept.  30,  1908,  authorizing  the  continuance  in  the 
service  of  George  Shaffer,  Olof  Ekedahl,  and  Willoughby  Culbertson  with- 
out civil-service  examination 160 

Order  of  the  President,  Oct.  3,  1908,  authorizing  retention  as  part  of  the  clas- 
sified force  ei^ht  persons  employed  jointly  by  the  Panama  Railroad  Co.  and 

the  commission 161 

■  Letter  of  the  Secretary  of  War,  Sept.  23,  1908,  to  the  President,  trans- 
mitting draft  of  foregoing  order 162 

Order  of  the  President,  Oct.  3,  1908,  am  nding  schedule  A  of  civil-service 
rules  relating  to  the  commission 164 

Order  of  the  President,  Oct.  21,  1908,  amending  regulations  governing  employ- 
ment of  unskilled  laborers  at  Washington,  D.  C 165 

Order  of  the  Secretary  of  War,  Oct.  23,  1908,  amending  order  fixing  compen- 
sation of  general  purchasing  officer  and  officer  detailed  for  commissary  work .       166 

Order  of  the  President,  Nov.  7,  1908,  repealing  sections  44,  45,  and  46  of  Code 
of  Criminal  Procedure  of  the  Canal  Zone  and  permitting  appeal  from  judg- 
ment of  a  district  court  by  defendant 167 


Vlll  CONTENTS. 

Page. 
Order  of  the  President,  Nov.  9,  1908,  amending  schedule  A  of  civil-service 
rules,  authorizing  certain  appointments  for  isthmian  service  without  exami- 
nation        168 

Order  of  the  Secretary  of  War,  Dec.  23,  1908,  amending  order  restricting  gold 
employees  to  American  citizens , 169 

Order  of  the  President,  Dec.  23,  1908,  appointing  H.  A.  Gudger  as  chief  jus- 
tice of  the  Supreme  Court  of  the  Canal  Zone 170 

Order  of  the  President,  Dec.  23,  1908,  appointing  Wesley  M.  Owen  as  associate 
justice  of  the  Supreme  Court  of  the  Canal  Zone 171 

Order  of  the  President,  Jan.  6,  1909,  extending  safety-appliance  acts  to  the 
Canal  Zone 172 

Order  of  the  Secretary  of  War,  Mar.  20,  1909,  waiving  limitations  of  section  1, 
act  No.  24,  laws  of  Canal  Zone,  and  authorizing  collector  of  revenues  to 
administer  estate  of  John  J.  Korp ^ .       173 

Order  of  the  President,  amending  civil-service  Rule  X  regarding  transfers 174 

Order  of  the  Secretary  of  War,  May  14,  1909,  abolishing  oflSce  of  director  of 
hospitals 175 

Order  of  the  Secretary  of  War,  May  14,  1909,  amending  order  dividing  the 
Canal  Zone  into  administrative  districts  to  provide  that  fines  and  fees  shall 
be  paid  into  zone  treasury 176 

Order  of  the  President,  May  22,  1909,  providing  that  when  certain  holidays 
fall  on  Sunday  Government  offices  will  close  on  the  following  Monday,  ex- 
cept where  State  laws  fix  a  different  day  for  the  holiday 177 

Order  of  the  President,  June  8,  1909,  fixing  four  hours  on  Saturdays  during 
July,  Auguhit,  and  September  as  a  day's  work  in  the  Federal  public  service.       178 

Order  of  the  President,  June  11,  1909,  amending  order  extending  safety-appli- 
ance acts  to  the  Canal  Zone 179 

Order  of  the  President,  June  25,  1909,  superseding  order  fixing  hours  of  work 
in  the  Federal  service  on  Saturdays  during  three  months  in  the  year 180 

Order  of  the  President,  July  16,  1909,  providing  that  .the  two  orders  fixing 
hours  for  work  on  Saturdays  in  July,  August,  and  September  shall  not 
apply  to  isthmian  employees 181 

Order  of  the  secretary  of  War,  July  21,  1909,  extending  authority  of  the  col- 
lector of  revenues  to  administer  estates  not  exceeding  $1,000  in  value 182 

Order  of  the  President,  July  30,  1909,  authorizing  diminution  of  time  for 
good  behavior  for  convicts  in  the  Canal  Zone  penitentiary 183 

Order  of  the  President,  July  30,  1909,  fixing  punishment  for  murder  in  the 

first  and  second  degrees 184 

Proclamation  of  the  President,  Aug.  6,  1909,  repealing  former  ones  fixing  ton- 
nage dues 185 

Order  of  the  President,  Sept.  8,  1909,  prohibiting  hunting  by  night  with  arti- 
ficial light  or  with  spring  guns  in  the  Canal  Zone - 187 

Order  of  the  President,  Oct.  2,  1909,  making  cruelty  to  children  and  animals 

misdemeanors 188 

Order  of  the  President,  Oct.  2,  1909,  providing  for  a  board  of  local  inspectors 
to  examine  applicants  for  licenses  as  master,  mate,  engineer,  or  pilot  on 
steam  vessels  in  Canal  Zone  waters 189 

Order  of  the  Secretary  of  War,  Oct.  15,  1909,  exempting  insurance  companies 
whose  business  in  Canal  Zone  consists  solely  in  furnishing  Iwnds  of  employ- 
ees from  annual  fee  and  license  tax 190 

Order  of  the  President,  Nov.  23,  1909,  fixing  hours  of  work  for  telegraph  oper- 
ators and  train  dispatchers  of  the  Panama  R.  R.  Co 191 

Order  of  the  President,  Nov.  23,  1909,  making  the  enticing  of  laborers  from 

the  commission  or  Panama  R.  R.  a  misdemeanor 192 


CONTENTS,  IX 

Page. 

Order  of  the  President,  Nov.  26,  1909,  directing  that  no  subordinate  shall 
ajjply  to  Congress  for  legislation  nor  respond  to  requests  from  Congress  for 
information  except  through  or  as  authorized  by  the  head  of  his  department.       193 

Circular  of  the  War  Department,  Dec.  4,  1909,  publishing  foregoing  order 194 

Order  of  the  Secretary  of  War,  Dec.  1,  1909,  authorizing  members  of  gun  clubs 
to  carry  arms;  and  granting  enlisted  men  of  the  Marine  Corps  on  the  Isthmus 
hunting  licenses  without  charge 195 

Order  of  the  President,  Jan.  12,  1910,  amending  order  prescribing  procedure 
in  submitting  recommendations  affecting  method  of  appointment  in  the 
classified  service 196 

Order  of  the  President,  Jan.  26,  1910,  authorizing  certain  sanitary  improve- 
ments in  the  Zone  and  the  charging  of  a  proportion  to  owners  of  adjacent 
property , 197 

Order  of  the  Secretary  of  War,  Feb.  8,  1910,  authorizing  members  of  board  of 

local  inspectors  to  administer  oaths 198 

Order  of  the  President,  Apr.  2,  1910,  providing  that  collection  of  moneys  for 
liquor  licenses  shall  be  made  by  collector  of  revenues  instead  of  by  district 
tax  collectors 199 

Order  of  the  President,  Apr.  12,  1910,  appointing  Maurice  H.  Thatcher  as  a 
member  of  the  commission  and  fixing  his  compensation 200 

Order  of  the  President,  Apr.  16,  1910,  prescribing  duties  of  counsel  and  chief 
attorney  and  amending  Code  of  Criminal  Procedure 201 

Order  of  the  Secretary  of  War,  May  24,  1910,  abolishes  ofiice  of  executive 
secretary 203 

Order  of  the  President,  July  2.5,  1910,  empewers  commission  to  establish  rules 
and  regulations  to  facilitate  and  protect  canal  work 204 

Order  of  the  President,  July  28,  1910,  limiting  jurisdiction  of  the  Canal  Zone 

courts 205 

Order  of  the  President,  Aug.  20,  19 iO,  prescribing  method  for  married  women 
to  convej'  or  mortgage  real  estate,  and  authorizing  certain  officers  to  admin- 
ister oaths 206 

Order  of  the  President,  Sept.  16,  1910,  amending  civil-service  Rule  X,  regard- 
ing transfers 208 

Order  of  the  President,  Oct.  4,  1910,  abolishing  the  office  of  district  tax  col- 
lector and  prescribing  regulations  for  collection  of  taxes 209 

Order  of  the  Secretary  of  War,  Oct.  4,  1910,  placing  the  department  of  law 
under  the  direction  of  the  counsel  and  chief  attorney 212 

Order  of  the  President,  Oct.  7,  1910,  prescribing  the  manner  of  leasing  public 
lands  in  the  Canal  Zone 213 

Order  of  the  Secretary  of  War,  Jan.  5,  1911,  amending  orders  relative  to  import 
duties,  and  exclusion  of  tropical  employees  from  commissary  privileges 214 

Order  of  the  President,  Jan.  16,  1911,  authorizing  use  of  French  dump  cars 

without  safety  appliances  for  obtaining  gravel  until  July  1 215 

Order  of  the  President,  Jan.  19,  1911,  creating  a  land  office  for  the  Canal  Zone.       216 

Order  of  the  President,  Feb.  2,  1911,  providing  a  method  of  executing  and 
recording  deeds,  and  repealing  a  previous  order 218 

Order  of  the  Secretary  of  W^ar,  Mar.  11,  1911,  exempting  Juan  Vampero, 
Filipino,  from  operation  of  order  limiting  employment  and  providing  for 
discharge  of  aliens 222 

Order  of  the  President,  Mar.  16,  1911,  appointing  Walter  W.  Warwick  as  asso- 
ciate justice  of  the  Supreme  Court  of  the  Canal  Zone 223 

Order  of  the  President,  Mar.  16,  1911,  appointing  Thomas  E.  Brown,  jr.,  as 
associate  justice  of  the  Supreme  Court  of  the  Canal  Zone 224 


X  CONTENTS. 

Page. 

Order  of  the  President,  Mar.  20,  1911,  classifying  certain  employees  trans- 
ferred from  the  Panama  li.  R.  Co.  to  the  commission  on  consolidation  of 
storehouses 225 

Order  of  the  President,  May  2,  1911,  making  it  a  felony  for  persons  to  return 

to  the  Canal  Zone  after  imprisonment  in  penitentiary  and  deportation 226 

Order  of  the  President,  May  6,  1911,  establishing  regulations  relative  to  arrest 
and  discharge  of  deserting  seamen 227 

Order  of  the  President,  May  10,  1911,  prescribing  rules  for  the  government  of 

the  insane  asylum  for  the  Canal  Zone 229 

Order  of  the  President,  May  11,  19U,  making  it  a  misdemeanor  to  evade  pay- 
ment of  fare  on  railroad  trains  in  the  Canal  Zone 234 

Order  of  the  President,  May  13,  1911,  providing  for  the  collection  of  a  distilla- 
tion tax 235 

Order  of  the  President,  June  12,  1911,  amending  order  providing  for  collection 

of  distillation  tax 237 


EXECUTIVE  ORDERS 


RELATING   TO   THE 


ISTHMIAN  CANAL  COMMISSION. 


White  House, 

Wasliington,  March  8,  1904. 

Sirs:  I  have  appointed  you  as  the  Commission  which  is  to  under- 
take the  most  important  and  also  the  most  formidable  engineering  feat 
that  has  hitherto  been  attempted.  You  are  to  do  a  work  the  doing  of 
which,  if  well  done,  will  reflect  high  honor  upon  this  nation,  and, 
when  done,  will  be  of  incalculable  benefit,  not  only  to  this  nation,  but 
to  civilized  mankind.  As  you  yourselves  must  individually  know,  I 
have  chosen  you  with  reference  to  nothing  save  my  belief,  after  full 
and  patient  inquiry,  that  you  are  among  all  the  available  men  of  whom 
I  have  knowledge,  those  best  fitted  to  bring  this  great  task  to  a  suc- 
cessful conclusion.  You  have  been  chosen  purely  because  of  your 
personal  and  professional  reputations  for  integrity  and  ability.  You 
represent  the  whole  country.  You  represent  neither  section  nor  party. 
.1  have  not  sought  to  find  out  the  politics  of  a  single  one  of  you,  and, 
indeed,  as  to  the  majority  of  you  I  have  not  the  slightest  idea  what 
your  political  affiliations  are. 

I  believe  that  each  one  of  you  will  serve  not  merely  with  entire 
fidelity,  but  with  the  utmost  efficiency.  If  at  any  time  I  feel  that 
any  one  of  you  is  not  rendering  the  best  service  which  it  is  possible  to 
procure,  I  shall  feel  called  upon  to  disregard  alike  my  feelings  for  the 
man  and  the  man's  own  feelings,  and  forthwith  to  substitute  for  him 
on  the  Commission  some  other  man  whom  I  deem  capable  of  rendering 
better  service.  Moreover,  I  shall  expect,  if  at  any  time  any  one  of 
you  feels  that  the  work  is  too  exhausting  and  engrossing  for  him  to 
do  in  the  best  possible  manner,  that  he  will  of  his  own  accord  so 
inform  me,  in  order  that  I  may  replace  him  by  some  man  who,  to  the 
requisite  ability,  joins  the  will  and  the  strength  to  give  all  the  efi^ort 
needed.  But  so  long  as  you  render  efficient  service  of  the  highest 
type  in  the  work  you  are  appointed  to  perform,  you  may  rest  assured 
of  my  hearty  support  and  backing  in  every  way. 

These  are  the  conditions  under  which  you  have  been  appointed, 
and  under  which  I  shall  expect  you  to  proceed.  I  shall  furthermore 
expect  you  to  apply  precisely  the  same  principles  in  the  choice  and 
retention  of  the  subordinates  who  do  the  work  under  you  as  I  have 

1 


"-l  EXECUTIVE   ORDERS. 

applied  in  your  choice  and  shall  apply  in  your  retention.  I  shall  ex- 
pect you  to  appoint  no  man  for  reasons  other  than  your  belief  in  the 
aid  he  can  render  you  in  digging  the  canal.  If,  liaving  appointed  any 
man,  you  find  that  your  expectations  about  him  are  not  fulfilled,  or 
that  from  any  reason  he  falls  short  of  his  duty,  I  shall  expect  you  to 
dismiss  him  out  of  hand;  I  shall  expect  that  under  sucli  circumstances 
you  will  pay  not  the  slightest  heed  to  any  backing  or  influence  the  man 
may  have.  I  assume  as  a  matter  of  course  that  in  dealing  with  con- 
tractors you  will  act  on  precisely  the  principles  which  would  apply  in 
any  great  private  business  undertaking.  There  is  no  man  among  you 
to  whom  I  think  it  is  necessary  to  say  a  word  as  to  the  standard  of 
honesty  to  be  exacted  from  every  employe  or  contractor,  for  if  I  had 
had  the  slightest  ground  for  suspicion  that  there  was  need  to  say  such 
a  word  to  any  one  of  you  I  should  not  have  appointed  him.  But 
I  do  wish  to  emphasize  the  need  of  unceasing  vigilance  in  the  per- 
formance of  this  great  work. 

As  to  the  details  of  the  work  itself  I  have  but  little  to  say.  It  is 
to  be  done  as  expeditiously  as  possible,  and  as  economically  as  is  con- 
sistent with  thoroughness.  There  is  one  matter  to  which  I  wish  to 
ask  your  special  attention — the  question  of  sanitation  and  hygiene. 
You  will  take  measures  to  secure  the  best  medical  experts  for  this 
purpose  whom  you  can  obtain,  and  3'ou  will,  of  course,  make  the  con- 
tractors submit  as  implicitly  as  your  own  employes  to  all  the  rules 
and  regulations  of  the  medical  department  under  you.  I  presume 
you  will  find  it  best  to  have  one  head  for  this  medical  department, 
but  that  I  shall  leave  to  your  own  judgment. 

The  plans  are  to  be  carefully  made  with  a  view  to  the  needs  not 
only  of  the  moment,  but  of  the  future.  The  expenditures  are  to  be 
supervised  as  rigorously  as  if  they  were  being  made  for  a  private  cor- 
poration dependent  for  its  profits  upon  the  returns.  You  are  to  se- 
cure the  best  talent  this  country  can  afford  to  meet  the  conditions 
created  by  every  need  which  may  arise.  The  methods  for  achieving 
the  results  must  be  yours.  Wliat  this  nation  will  insist  upon  is  that 
the  results  be  achieved. 

Theodore  Hoosevelt. 

The  Isthmian  Canal  Commission. 


ISTHMIAISf    CANAL   COMMISSION. 


The  compensation  of  the  members  of  the  Isthmian  Canal  Commis- 
sion shall  be  as  follows,  until  otherwise  determined  by  Congress: 

The  salary  of  each  commissioner  shall  be  at  the  rate  of  twelve 
thousand  dollars  a  year,  payable  one  thousand  dollars  per  month,^ 
commencing  upon  the  day  on  which  he  takes  the  oath  of  office. 

An  additional  allowance  of  fifteen  dollars  per  day  is  to  be  paid  to 
each  member  of  the  Commission  while  absent  from  the  United 
States  on  duty. 

Each  member  of  the  Commission  shall  be  allowed  expenses  while 
traveling  on  duty  as  follows:  transportation,  including  seat  in  day 
Pullman  car,  or  section  in  sleeping  car;  a  reasonable  allowance  for 
baggage,  porterage,  hacks  and  street  cars;  and  hotel  expenses  not 
exceeding  seven  dollars  per  day. 

The  members  of  the  Commission  shall  be  considered  as  on  duty 
when  in  Washington.  Any  travel  for  private  purposes,  or  visiting 
their  homes,  shall  not  be  considered  as  traveling  on  duty. 

The  approval  of  the  Chairman  or  acting  Chairman  of  the  Commis- 
sion shall  be  required  on  all  vouchers. 

Theodore  Roosevelt. 

White  House,  March  26,  1904. 


EXECUTIVE   ORDEJRS. 


Letter  of  the  President  Placing  the  Isthmian  Canal  Commis- 
sion Under  the  Supervision  and  Direction  of  the  Secretary 
OF  War,  and  Defining  the  Jurisdiction  and  Functions  of  the 
Commission. 

White  House, 
Washington,  D.  C,  May  9, 190 Jf. 
Sir:  By  the  act  of  Cono:ress  approved  June  28.  1902,  the  President 
of  the  United  States  is  authorized  to  acquire  for,  and  on  behalf  of, 
the  United  States  all  the  rights,  ])rivileges.  franchises,  concessions, 
grants  of  lands,  rights  of  way,  unfinished  work,  plants,  shares  of  the 
capital  stock  of  the  Panama  Railway,  owned  by  or  held  for  the  use  of 
the  new  Panama  Canal  Company,  and  any  other  property,  real,  per- 
sonal, and  mixed  of  an}'  name  or  nature  o^^^led  by  the  said  new 
Panama  Canal  Company  situated  on  the  Isthmus  of  Panama.  The 
President  is  by  the  same  act  also  authorized  to  acquire  for,  and  on 
behalf  of,  the  United  States  perpetual  control  of  a  strip  of  land  on 
tlie  Isthmus  of  Panama,  not  less  than  six  miles  in  width,  extending 
from  the  Caribbean  Sea  to  the  Pacific  Ocean,  and  the  right  to  exca- 
vate, construct,  and  maintain  perpetually,  operate  and  protect 
thereon,  a  ship  canal  of  certain  specified  capacity  and  also  the  right 
to  perpetually  operate  the  Panama  Railroad.  Having  acquired  such 
rights,  franchises,  property,  and  control,  the  President  is  by  the  same 
act  required  to  excavate,  construct,  and  complete  a  ship  canal  from 
the  Caribbean  Sea  to  the  Pacific  Ocean,  and  to  enable  him  to  carry 
forward  and  complete  this  work,  he  is  authorized  to  appoint,  b}'  and 
with  the  consent  of  the  Senate,  an  Isthmian  Canal  Commission  of 
seven  members,  who  are  to  be  in  all  matters  subject  to  his  direction 
and  control. 

By  the  terms  of  the  Canal  Convention  between  the  United  States 
and  the  Republic  of  Panama,  entered  into  in  pursuance  of  the  said 
act  of  Congress  approved  June  28,  1902,  the  ratifications  of  which 
were  exchanged  on  the  26th  day  of  Februar}-,  1904,  the  Republic  of 
Panama  granted  to  the  United  States : 

First,  the  perpetual  use,  occupation,  and  control  of  a  certain 
zone  of  land,  land  under  water  including  islands  witliin  said  zone, 
at  the  Isthmus  of  Panama,  all  to  be  utilized  in  the  construction, 
maintenance,  and  operation,  sanitation  and  protection  of  the  ship 
canal,  of  the  width  of  ten  miles  extending  to  the  distance  of  five 
miles  on  each  side  of  the  central  line  of  the  route  of  the  canal,  and 
the  use,  occupation,  and  control  of  other  lands  and  waters  outside 


ISTHMIAN    CANAL   COMMISSION.  5 

of  the  zone  above  described  which  may  be  necessary  and  convenient 
for  the  construction,  maintenance,  operation,  sanitation,  and  pro- 
tection of  said  canal  or  of  any  auxihary  canals  or  other  works  neces- 
sary and  convenient  for  the  same  purpose ;  also  the  islands  of  Perico, 
Naos,  Culebra,  and  Flamenico,  situated  in  the  Bay  of  Panama,  and 

Second,  all  the  rights,  powers,  and  authority  witliin  the  zone, 
auxiliary  lands  and  lands  under  water,  which  the  United  States 
would  possess  and  exercise  if  it  were  the  sovereign  of  the  territory 
granted,  to  the  entire  exclusion  of  the  exercise  by  the  Republic  of 
Panama  of  any  such  sovereign  rights,  power,  and  authority. 

By  the  act  of  Congress  approved  April  28,  1904,  the  President 
is  authorized,  upon  acquisition  of  the  property  of  the  new  Panama 
Canal  Company,  and  the  payment  to  the  Republic  of  Panama  of  the 
price  for  compensation  agreed  upon  in  the  said  Canal  Convention, 
to  take  possession  of,  and  occupy  on  behalf  of  the  United  States,  the 
zone  of  land,  and  lantl  under  water,  including  islands  within  said 
zone  at  the  Isthmus  of  Panama  of  the  \\'idth  of  ten  miles  extending 
to  the  distance  of  five  miles  on  each  side  of  the  central  line  of  the 
route  of  the  canal  to  be  constructed  thereon,  including  the  islands  of 
Perico,  Naos,  Culebra,  and  Flamenico,  and  from  time  to  time  as 
may  be  necessary  and  convenient  certain  auxiliary  lands  and  waters 
outside  the  said  zone  for  the  purpose  of  constructing,  maintaining, 
operating,  sanitating,  and  protecting  the  ship  canal,  the  use,  occupa- 
tion, and  control  whereof  were  granted  to  the  United  States  by  the 
Repubhc  of  Panama  in  the  said  Canal  Convention. 

By  the  same  act,  the  President  is  authorized,  for  the  purpose  of 
providing  temporarily  for  the  maintenance  of  order  in  the  canal  zone 
and  for  maintaining  and  protecting  the  inhabitants  thereof  in  the  free 
enjoyment  of  their  liberty,  property,  and  reUgion,  to  delegate  to  such 
person  or  persons  as  he  may  designate  and  to  control  the  manner  of 
their  exercise,  all  the  military,  civil  and  judicial  powers  as  well  as  the 
power  to  make  all  needful  rules  and  regulations  for  the  government  of 
the  canal  zone  and  all  the  rights,  powers  and  authority  granted  by  the 
said  Canal  Convention  to  the  United  States,  until  the  close  of  the 
Fifty-eighth  Congress. 

Payments  of  the  authorized  purchase  price  of  $40,000,000  to  the 
new  Panama  Canal  Company  for  the  property  of  that  corporation  on 
the  isthmus,  including  the  shares  of  railway  stock,  and  for  the  records 
in  Paris,  and  of  the  sum  of  -1^10,000,000,  as  stipulated  in  the  Canal 
Convention,  to  the  Republic  of  Panama  for  the  rights,  powers  and 
privileges  granted  to  the  United  States  by  the  terms  of  the  said  con- 
vention, have  been  made  and  proper  instruments  of  transfer  have 
been  executed  by  the  Panama  Canal  Company.  The  members  of  the 
Isthmian  Canal  Commission  have  been  appointed.  They  have  or- 
ganized the  commission  and  entered  upon  their  duties.     I  have  taken 


6  EXECUTIVE   ORDERS. 

possession  of  and  now  occupy,  on  behalf  of  the  United  States,  the 
canal  zone  and  public  land  ceded  by  the  Repubhc  of  Panama. 

It  becomes  my  duty,  under  the  statutes  above  referred  to,  to  secure 
the  active  prosecution  of  the  work  of  construction  of  the  canal  and  its 
auxiliary  works,  through  the  Isthmian  Canal  Commission,  and  in  con- 
nection with  such  work  and  in  aid  thereof  to  organize  and  conduct  a 
temporary  government  of  the  zone,  so  as  to  maintain  and  protect  the 
inhal)itants  thereof  in  the  free  enjoyment  of  their  Uberty,  property, 
and  rehgion. 

Inasmuch  as  it  is  impracticable  for  the  President,  with  his  other 
public  duties,  to  give  to  the  work  of  supervising  the  commission's 
construction  of  the  canal  and  government  of  the  zone  the  personal 
attention  which  seems  proper  and  necessary,  and  inasmuch  as  the 
War  Department  is  the  department  which  has  always  su])ervised  the 
construction  of  the  great  civil  works  for  improving  the  rivers  and 
harbors  of  the  country  and  the  extended  military  works  of  public 
defense,  and  as  the  said  department  has  from  time  to  time  been 
charged  with  the  supervision  of  the  government  of  all  the  island  pos- 
sessions of  the  United  States,  and  continues  to  supervise  the  govern- 
ment of  the  Philippine  Islands,  I  direct  that  all  the  work  of  the 
commission  done  by  virtue  of  powers  vested  in  me  by  the  act  of 
Congress  approved  June  28,  1902,  in  the  digging,  construction,  and 
completion  of  the  canal,  and  all  the  governmental  power  in  and  over 
said  canal  zone  and  its  appurtenant  territory,  which  by  virtue  of  the 
act  of  Congress  approved  April  28,  1904,  and  these  instructions,  shall 
be  vested  in  said  Isthmian  Canal  Commission,  shall  be  carried  on  or 
exercised  under  your  supervision  and  direction  as  Secretary  of  "War. 

Subject  to  the  limitations  of  law  and  the  conditions  herein  con- 
tained, the  Isthmian  Canal  Commission  are  authorized  and  directed: 

1.  To  make  all  needful  ndes  and  regidations  for  the  government 
of  the  zone  and  for  the  correct  administration  of  the  military,  civil, 
and  judicial  affairs  of  its  possessions  until  the  close  of  the  Fifty-eighth 
Congress. 

2.  To  establish  a  civil  service  for  the  government  of  the  strip  and 
construction  of  the  canal,  appointments  to  which  shall  be  secured  as 
nearly  as  practicable  by  a  merit  system. 

3.  To  make  or  cause  to  be  made  all  needful  surveys,  borings, 
designs,  plans,  and  specifications  of  the  engineering,  hydraulic,  and 
sanitar}''  works  required  and  to  supervise  the  execution  of  the  same. 

4.  To  make  and  cause  to  be  executed  after  due  advertisement  all 
necessary  contracts  for  any  and  all  kinds  of  engineering  and 
construction  works. 

5.  To  acquire  by  purchase  or  through  ])roper  and  uniform  expro- 
priation   proceedings,    to    be    prescribed    by    the    commission,    any 


ISTHMIAN    CANAL,   COMMISSION.  7 

private  lands  or  other  real  property  whose  ownership  by  the  United 
States  is  essential  to  the  excavation  and  completion  of  the  canal. 

6.  To  make  all  needful  rules  and  regulations  respecting  an  econom- 
ical and  correct  disbursement  and  an  accounting  for  all  funds  that 
ma}'  be  appropriated  by  Congress  for  the  construction  of  the  canal, 
its  auxiliary  works,  and  the  government  of  the  canal  zone;  and  also 
to  establish  a  proper  and  comprehensive  system  of  bookkeeping, 
showing  the  state  of  the  work,  the  expenditures  b}^  classes,  and  the 
amounts  still  available. 

7.  To  make  requisition  on  the  Secretary  of  War  for  funds  needed 
from  time  to  time  in  the  proper  prosecution  of  the  work  and  to  desig- 
nate the  disbursing  officers  authorized  to  receipt  for  the  same. ' 

The  inhabitants  of  the  Isthmian  Canal  Zone  are  entitled  to  security 
in  their  persons,  property,  and  religion,  and  in  all  their  private 
rights  and  relations.  They  should  be  so  informed  by  public  announce- 
ment. The  people  should  be  disturbed  as  little  as  possible  in  their 
customs  and  avocations  that  are  in  harmony  with  principles  of  well 
ordered  and  decent  living. 

The  municipal  laws  of  the  canal  zone  are  to  be  administered  by 
the  ordinary  tribunals  substantially  as  they  were  before  the  change. 
Pohce  magistrates  and  justices  of  the  peace  and  other  officers  dis- 
charging duties  usually  devolving  upon  these  officers  of  the  law  will 
be  continued  in  office  if  they  are  suitable  persons.  The  governor  of 
the  zone,  subject  to  approval  of  the  commission,  is  authorized  to 
appoint  temporarily  a  judge  for  the  canal  zone,  who  shall  have 
the  authority  equivalent  to  that  usually  exercised  in  Latin  countries 
by  a  judge  of  a  court  of  first  instance,  but  the  Isthmian  Canal  Com- 
mission shall  fix  his  salary  and  may  legislate  respecting  his  powers 
and  authority,  increasing  or  diminisliing  them  in  their  discretion, 
and  also  making  provision  for  additional  or  appellate  judges,  should 
the  public  interest  require. 

The  laws  of  the  land,  with  wliich  the  inhabitants  are  familiar,  and 
which  were  in  force  on  February  26,  1904,  will  continue  in  force 
in  the  canal  zone  and  in  other  places  on  the  isthmus  over  which  the 
United  States  has  jurisdiction  until  altered  or  annulled  by  the  said 
commission,  but  there  are  certain  great  principles  of  government 
which  have  been  inade  the  basis  of  an  existence  as  a  nation  which  we 
deem  essential  to  the  rule  of  law  and  the  maintenance  of  order,  and 
which  shaU  have  force  in  said  zone.  The  principles  referred  to  may 
be  generally  stated  as  follows: 

That  no  person  shall  be  deprived  of  life,  liberty,  or  property  \vithout 
due  process  of  law;  that  private  property  shall  not  be  taken  for 
public  use  without  just  compensation;  that  in  all  criminal  prosecu- 
tions the  accused  shall  enjoy  the  right  of  a  speedy  and  public  trial,  to 
.98987—11 2 


8  EXECUTIVE   ORDERS. 

be  informed  of  the  nature  and  cause  of  the  accusation,  to  be  con- 
fronted with  the  mtnesses  against  hini,  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defense;  that  excessive  bail  shall  not  be  required  nor 
excessive  fines  imposed,  nor  cruel  or  unusual  punishment  inflicted; 
that  no  person  shall  be  put  twice  in  jeopardy  for  tlie  same  ofl"ense,  or 
be  compelled  in  any  criminal  case  to  be  a  witness  against  himself ;  that 
the  right  to  be  secure  against  unreasonable  searches  and  seizures  shall 
not  be  violated ;  that  neither  slavery  nor  involuntary  servitude  shall 
exist  except  as  a  punishment  for  crime ;  that  no  bill  of  attainder  or  ex 
post  facto  law  shall  be  passed;  that  no  law  shall  be  passed  abridging 
the  freedom  of  speech  or  of  the  press,  or  of  the  rights  of  the  people  to 
peaceably  assemble  and  petition  the  government  for  a  redress  of 
grievances;  that  no  law  shall  be  made  respecting  the  establishment 
of  religion  or  prohibiting  the  free  exercise  thereof:  Provided,  however, 
that  the  commission  shall  have  power  to  exclude  from  time  to  time 
from  the  canal  zone  and  other  places  on  the  isthmus,  over  which  the 
United  States  has  jurisdiction,  persons  of  the  following  classes  who 
were  not  actually  domiciled  within  the  zone  on  the  26th  day  of 
February,  1904,  viz:  Idiots,  the  insane,  epileptics,  paupers,  criminals, 
professional  beggars,  persons  afflicted  with  loathsome  or  dangerous 
contagious  diseases;  those  who  have  been  convicted  of  felony, 
anarchists,  those  whose  purpose  it  is  to  incite  insurrection  and  others 
whose  presence  it  is  believed  by  the  commission  would  tend  to  create 
public  disorder,  endanger  the  public  health,  or  in  any  manner  impede 
the  prosecution  of  the  work  of  opening  the  canal;  and  may  cause  any 
and  all  such  newly-arrived  persons  or  those  alien  to  the  zone  to  be 
expelled  and  deported  from  the  territory  controlled  by  the  United 
States,  and  the  commission  may  defray  from  the  canal  appropriation 
the  cost  of  such  deportation  as  necessary  expenses  of  the  sanitation, 
the  police  protection  of  the  canal  route,  and  the  preservation  of  good 
order  among  the  inhabitants. 

The  commission  may  legislate  on  all  rightful  subjects  of  legislation 
not  inconsistent  with  the  laws  and  treaties  of  the  United  States  so 
far  as  they  a])ply  to  said  zone  and  other  places,  and  the  said  power 
shall  include  the  enactment  of  the  sanitary  ordinances  of  a  preventive 
or  curative  character  to  be  enforced  in  the  cities  of  Colon  and  Panama 
and  which  are  contemplated  and  authorized  by  Article  7  of  said  Canal 
Convention.  Such  legislative  power  shall  also  include  the  power  to 
raise  and  appropriate  revenues  in  said  zone;  and  all  taxes,  judicial 
fines,  customs  duties  and  other  revenues  le\'ied  and  collected  in  said 
zone  by  or  under  the  authority  of  said  commission  sliall  be  retained, 
accounted  for,  and  disbursed  by  said  commission  for  its  proper  pur- 
poses. The  members  of  said  commission  to  the  number  of  four  or 
more  shall  constitute  a  legislative  quorum,  and  all  rules  and  regula- 


ISTHMIAN    CANAL   COMMISSION.  9 

tions  passed  and  enacted  by  said  commission  shall  have  set  forth  as  a 
caption  that  they  are  enacted  by  the  Isthmian  Canal  Commission 
"By  authority  of  the  President  of  the  United  States." 

The  commission  shall  hold  its  regularly  quarterly  meetings  at  the 
office  of  the  commission  either  in  Panama  or  at  a  branch  office  in 
Washington,  and  special  meetings  may  be  held  at  the  pleasure  of 
the  commission. 

All  laws,  rules,  and  regulations  of  a  governmental  character  enacted 
by  the  commission  hereunder  shall  be  submitted  to  you  for  your 
approval,  and  should  your  approval  be  withheld  from  any  such  law, 
rule,  or  regulation,  then  from  that  time  the  law,  rule,  or  regulation 
shall  thereafter  have  no  force  or  effect. 

Major  General  George  W.  Davis,  U.  S.  Army  (retired),  a  member 
of  the  Canal  Commission,  is  hereby  appointed  governor  of  the  Isth- 
mian Canal  Zone.  He  will  proceed  at  once  to  the  Isthmus  of  Panama. 
He  will  in  my  name,  as  the  chief  executive  in  the  canal  zone,  for  and 
on  behalf  of  the  United  States,  see  that  the  laws  are  faithfully  exe- 
cuted and  will  maintain  possession  of  said  territory,  including  the 
public  lands  therein  and  the  property  real  and  movable  on  the  Isth- 
mus of  Panama,  except  that  of  the  Panama  Railroad,  that  has  recently 
been  acquired  from  the  Republic  of  Panama.  He  is  hereby  vested 
with  the  power  to  grant  reprieves  and  pardons  for  offenses  against  the 
rules,  regulations,  and  laws  in  force  by  virtue  of  action  of  the  commis- 
sion or  by  virtue  of  the  clause  hereof  continuing  in  force  the  laws  of 
Panama.  In  case  of  his  disability  or  absence  from  the  canal  zone 
at  any  time,  the  Isthmian  Canal  Commission  is  empowered  to  desig- 
nate the  person  or  persons  to  act  as  governor  during  such  absence  or 
disability.  Except  as  herein  prescribed  the  duties  of  the  governor 
shall  be  fixed  by  legislation  of  the  Canal  Commission. 

For  the  preservation  of  order  and  protecting  the  property  of  the 
United  States,  within  or  without  said  zone  as  provided  by  Article  7 
of  the  Canal  Convention,  an  adequate  police  force  shall  be  maintained. 
If  at  any  time  there  shall  arise  necessity  for  military  or  naval  assist- 
ance the  governor  shall,  if  possible,  promptly  notify  you,  and  in  the 
event  of  a  sudden  exigency  the  governor  may  call  upon  any  available 
military  or  naval  force  of  the  United  States  to  render  assistance,  and 
the  same  shall  be  immediately  furnished. 

It  is  a  matter  of  first  importance  that  the  most  approved  and 
effective  methods  and  measures  known  to  sanitary  science  be  adopted 
in  order  that  the  health  conditions  on  the  isthmus  may  be  improved. 
It  is  the  behef  of  those  who  have  noted  the  successful  results  secured 
by  our  Army  in  Cuba  in  the  obUteration  of  yellow  fever  in  that  island 
that  it  is  entirely  feasible  to  banish  the  diseases  that  have  heretofore 
caused  most  mortality  on  the  isthmus,  or  at  least  to  improve  as 
greatly  the  health  conditions  there  as  in  Cuba  and  Porto  Rico.     I 


10  EXECUTIVE   OKDERS. 

desire  that  every  possible  effort  be  made  to  protect  our  officers  and 
workmen  from  the  dangers  of  tropical  and  other  diseases,  which  in 
the  past  have  been  so  prevalent  and  destructive  in  Panama. 

Rear  Admiral  John  G.  Walker,  U.  S.  Navy  (retired),  and  Colonel 
Frank  J.  Hecker,  members  of  the  Isthmian  Canal  Commission,  are 
hereby  designated  as  members  of  the  joint  commission  provided  for 
by  Articles  6  and  15  of  the  Canal  Convention.  The  moietj^  of  the 
necessary  expenses  of  the  commission  to  be  created  in  pursuance  of 
Articles  6  and  15  of  the  above-cited  Canal  Convention  vnW  be  de- 
fra3^ed  from  the  appropriation  appUcable  to  the  ship  canal  to  connect 
the  waters  of  the  Atlantic  and  Pacific  oceans. 

The  Isthmian  Canal  Commission  will  prepare  for  Congress  and 
place  in  your  hands  on  or  before  December  1  of  each  year  a  full  and 
complete  report  of  all  their  acts  and  of  the  operations  conducted  by 
them  in  respect  to  the  canal  construction  and  the  government  of  the 
canal  zone.  These  reports  will  contain  a  detailed  account  of  all 
moneys  received  and  disbursed  in  the  performance  of  their  duties 
and  of  the  progress  made  in  the  construction  of  the  canal. 

The  necessary  expenses  incurred  by  the  commission  in  carrying  on 
the  government  of  the  canal  zone  will  be  defrayed  from  the  local  reve- 
nues so  far  as  the  said  revenues  may  be  sufficient  and  the  remainder 
will  be  met  from  the  appropriation  made  by  the  fifth  section  of  the  act 
of  Congress  approved  June  28,  1902.  An  estimate  of  the  proposed 
expenditures  and  revenues  for  each  year  in  carrying  on  the  govern- 
ment of  the  zone  will  be  submitted  to  Congress  at  the  beginning  of 
each  annual  session. 

By  virtue  of  the  ownersliip  by  the  United  States  of  about  sixty- 
nine  seventieths  of  the  shares  of  the  capital  stock  of  the  Panama 
Railroad  the  general  policy  of  the  managers  of  said  road  will  be 
controlled  by  the  United  States.  As  soon  as  practicable  I  desire 
that  all  the  members  of  the  Istlimian  Canal  Commission  be  elected 
to  the  board  of  directors  of  the  road,  and  that  the  policy  of  the  road 
be  completely  harmonized  with  the  policy  of  the  Government  of 
making  it  an  adjunct  to  the  construction  of  the  canal,  at  the  same 
time  fulfilling  the  purpose  for  which  it  was  constiiicted  as  a  route  of 
commercial  movement  across  the  Isthmus  of  Panama.  If  any 
contracts  or  other  obligations  now  subsist  between  the  lailway  com- 
pany and  other  transportation  companies  that  are  not  in  accord  with 
sound  public  policy,  then  such  contracts  must  be  terminated  as  soon 
as  it  is  possible  to  effect  that  object. 

No  salaiy  or  per  diem  allowance  of  compensation  in  addition  to 
the  stated  salaiy  and  per  diem  allowance  of  the  members  of  the 
Isthmian  Canal  Commission  will  be  allowed  to  any  member  of  the 
commission  by  reason  of  his  services  in  connection  with  the  civil 
government  of  the  canal  zone,  or  his  membership  of  any  board  or 


ISTHMIAN   CANAL  COMMISSION.  11 

commission  concerned  in  or  connected  wdth  the  construction  of 
the  canal  or  by  reason  of  his  services  as  an  officer  or  director  of  the 
Panama  Railroad. 

If  there  now  be  in  force  within  the  canal  zone  ariy  franchise  grant- 
ing to  any  person  or  persons  a  privilege  to  maintain  lotteries  or  hold 
lottery  drawings  or  other  gambling  methods  and  devices  of  a  character 
forbidden  by  the  laws  of  the  United  States,  or  if  the  grantee  of  any 
such  privilege  has  now  the  right  to  sell  lottery  tickets  or  similar  devices 
to  facilitate  the  business  of  the  concessionaire,  the  commission  shall 
enact  laws  annulling  the  privileges  or  concessions  and  punishing 
future  exercise  of  the  same  by  imprisonment  or  fine,  or  both. 

These  instructions  may  be  modified  and  supplemented  as  occasion 
shall  arise. 

Very  respectfully,  Theodore  Roosevelt. 

Hon.  William  H.  Taft, 

Secretary  of  War. 


12  EXECUTIVE   ORDERS. 


War  Department, 

Washington,  June  24,  1904. 
To  the  Chairman  of  the  Isthmian  Canal  Commission  : 

By  direction  of  the  President  it  is  ordered : — 

Section  1.  The  tcrritor}'  of  the  Canal  Zone  of  the  Isthmus  of 
Panama  is  hereby  decLared  open  to  the  commerce  of  all  friendly 
nations.  All  articles,  goods  and  wares,  not  included  in  the  pro- 
hibited list,  entering  at  the  established  customs  ports,  ^\iLl  be 
admitted  upon  payment  of  such  customs  duties  and  other  charges  as 
are  in  force  at  the  time  and  place  of  their  importation. 

Section  2.  For  the  purposes  of  customs  administration  in  said 
Canal  Zone,  there  are  hereby  established  two  collection  districts  as 
follows : 

First:  The  District  of  Ancon,  comprising  the  southern  half  of  said 
Canal  Zone  more  particularly  described  as  follows: 

The  port  of  entr}'  in  said  district  shall  be  Ancon. 

Second.  The  District  of  Crystobal,  comprising  the  northern  half  of 
said  Canal  Zone  more  particularly  described  as  follows: 

The  port  of  entry  in  said  district  shall  be  Cr3^stobal. 

Section  3.  There  is  hereby  created  and  shall  be  maintained  in  the 
government  of  the  Canal  Zone  a  subdivision  of  the  executive  branch 
to  be  known  as  the  Customs  Service:  the  general  duties,  powers  and 
jurisdiction  of  the  Customs  Service  shall  be  to  administer  the  customs 
laws  and  tariff  regulations  in  force  in  said  Zone.  The  Governor  of 
the  Canal  Zone  shall  be  the  head  of  the  Customs  Service.  There 
shall  be  a  Collector  of  Customs  for  each  Collection  District,  who  shall 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars  in  gold, 
payable  in  monthly  installments.  It  shall  be  the  duty  of  the  Collector 
to  collect  all  revenues  derived  from  the  enforcement  of  the  customs 
laws  and  tariff  regulations  in  the  District  subject  to  his  jurisdiction, 
and  to  perform  such  other  service  in  the  administration  of  such  laws 
as  is  ordinarily  performed  by  a  Collector  of  Customs  or  as  he  may  be 
required  to  perform  by  the  Governor  of  the  Canal  Zone.  The  Col- 
lector of  Customs  shall  be  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Isthmian  Commission.  The  Governor  of 
the  Canal  Zone  is  hereby  authorized  to  appoint  and  fix  the  compensa- 
tion of  Deputy  Collectors,  Surveyors  of  Customs  and  such  other 
subordinates  and  employees  as  may  be  necessary  for  the  efficient 
administration  of  the  Customs  laws  and  Service. 

Section  4.  The  Governor  of  the  Canal  Zone  is  hereby  authorized 
and  empowered  to  prescribe  and  enforce  rules  and  regulations  for  the 


ISTHMIAN    CANAL  COMMISSION.  13 

administration  of  the  Customs  laws  and  Service  of  said  Zone,  and 
report  the  same  to  the  Chairman  of  the  Commission  and  said  rules 
and  regulations  shall  have  the  force  and  effect  of  law  irntd  annulled 
or  modified  by  legislative  act  of  the  Isthmian  Canal  Commission  or 
other  competent  authority. 

Section  5.  Until  otherwise  provided  by  competent  authority,  duties 
on  importation  into  the  Canal  Zone  are  to  be  levied  in  conformity 
with  such  duties  as  Congress  has  imposed  upon  foreign  merchandise 
imported  into  other  ports  of  the  United  States. 

Section  6.  Goods  or  merchandise  entering  the  Canal  Zone  from 
ports  of  the  United  States  or  Insular  possessions  of  the  United  States 
shall  be  admitted  on  the  same  terms  as  at  the  ports  of  the  States  of 
this  Union. 

Section  7.  All  goods  or  merchandise,  whether  free  or  dutiable,  en- 
tering the  Canal  Zone  by  water,  by  rail  or  otherwise,  for  transporta- 
tion across  said  Zone  must  be  entered  at  the  Customs  House  of  the 
Collection  District  wherein  the  point  of  entrance  is  situated.  Viola- 
tion of  this  requirement  shall  subject  the  goods  to  seizure  and  forfeiture 
by  the  Customs  officials. 

Section  8.  The  Governor  of  the  Canal  Zone  is  authorized  to  enter 
and  carry  out  an  agreement  with  the  President  of  the  Republic  of 
Panama  for  co-operation  between  the  Customs  Service  of  the  Canal 
Zone  and  that  of  the  Republic  of  Panama  to  protect  the  customs 
revenues  of  both  governments  and  to  prevent  frauds  and  smuggling. 

Section  9.  The  Governor  of  the  Canal  Zone  is  hereby  authorized 
to  enter  upon  negotiations  and  make  a  tentative  agreement  with  the 
President  of  the  Republic  of  Panama  respecting  reciprocal  trade 
relations  between  the  territory  and  inhabitants  of  the  Canal  Zone  and 
appurtenant  territory  and  the  Republic  of  Panama;  also  a  readjust- 
ment of  customs  duties  and  tariff  regulations  so  as  to  secure  uniform- 
ity of  rates  and  privileges  and  avoid  the  disadvantages  resulting  from 
different  schedules,  duties,  and  administrative  measures  in  limited 
territory  subject  to  the  same  conditions  and  not  separated  by  natural 
obstacles.  The  Governor  shall  report  as  to  such  negotiations  and 
proposed  agreement  to  the  Chairman  of  the  Isthmian  Canal  Com- 
mission, for  submission  and  consideration  by  the  Commission  and 
such  action  by  competent  authority  as  may  be  necessary  to  render 
said  agreement  eft'ective  in  the  Canal  Zone. 

This  order  will  be  proclaimed  and  enforced  in  the  Canal  Zone  at 
Panama. 

Wm.  H.  Taft, 

Secretary  of  War: 


14  EXECUTIVE   ORDERS. 


War  Department, 
Washington,  June  24,  1904. 
To  the  Chairman  of  the  Isthmian  Canal  Commission. 

Sir:  The  necessities  of  the  iiiliabitants  and  the  due  administration 
of  the  affairs  of  government  in  the  Canal  Zone  at  Panama  require  the 
establishment  of  post-olHces  and  postal  ser\dce  in  that  territory. 

It  is  therefore  ordered:  That  a  Post-Office  be  estabhshed  in  each  of 
the  following  named  towns  of  the  Canal  Zone,  to  yn.t:  Crystobal, 
Gatun,  Boheo,  Gorgona,  Bas  Obispo,  Empire,  Culebra,  La  Boca  and 
Ancon. 

The  post-offices  at  Crystobal  and  Ancon  shall  be  money  order  offices. 

The  Governor  of  the  Canal  Zone  is  hereby  authorized  to  appoint 
postmasters  for  the  post-offices  herein  established  and  fix  the  com- 
pensation therefor,  subject  to  the  approval  of  the  Isthmian  Canal 
Commission. 

The  Governor  of  the  Canal  Zone  is  directed  to  formulate  a  plan  for 
a  practical  and  efficient  postal  service  in  said  Canal  Zone,  and  includ- 
ing such  measures  and  provisions  of  the  postal  service  of  the  United 
States  as  are  not  inappHcable  to  the  concfitions  of  law  and  fact  existing 
in  the  Canal  Zone,  and  to  report  said  plan  to  the  Chairman  of  the 
Isthmian  Canal  Commission  for  such  action  as  the  cUscretion  of  the 
Commission  shall  approve. 

Pending  the  establishment  of  the  postal  service  by  act  of  the  Com- 
mission or  other  competent  authority,  the  Governor  of  the  Canal  Zone 
is  hereby  authorized  to  estabfish  post  offices  at  such  additional  places 
in  the  Canal  Zone  as  in  his  judgment  the  interests  of  the  public  re- 
quire, and  to  appoint  postmasters  therefor  and  fix  their  compensation, 
subject  to  the  approval  or  other  action  thereon  by  the  Isthmian  Canal 
Commission. 

The  Governor  of  the  Canal  Zone  is  also  authorized  to  adopt  and 
enforce  such  temporary  rules,  regulations,  provisions  and  require- 
ments as  may  be  necessary  to  secure  a  practical  and  efficient  postal 
service!  n  said  Canal  Zone;  and  to  emplo}'  such  temporary  assistants 
and  employees  as  the  exigencies  of  the  service  require. 

By  direction  of  the  President: 

Wm.  H.  Taft, 

Secretary  of  War. 


ISTHMIAI^   CANAL,  COMMISSION.  15 


United  States  Civil  Service  Commission, 

Washington,  D.  C,  December,  1904. 
On  November  15,  1904,  the  President  promulgated  the  following 
order: 

CLASSIFICATION    OF    THE    ISTHMIAN    CANAL    COMMISSION. 

In  exercise  of  the  power  vested  in  the  President  by  section  1753  of 
the  Revised  Statutes  and  acts  amendatory  thereof: 

It  is  ordered,  That  the  Isthmian  Canal  Commission  be  classified  and 
the  civil-service  act  and  rules  appHed  thereto,  and  that  no  person  be 
hereafter  appointed,  employed,  promoted,  or  transferred  in  the  service 
of  said  Commission  unless  he  passes  an  examination  in  conformity 
therewith,  unless  specifically  exempted  thereunder.  This  order  shall 
apply  to  all  officers  and  employees,  except  persons  employed  merely 
as  laborers,  persons  whose  appointments  are  confirmed  by  the  Senate, 
and  engineers  detailed  from  the  Army. 

The  officers  and  employees  included  within  the  provisions  of  this 
order  are  hereby  arranged  in  classes  according  to  annual  salary  or 
compensation  as  follows: 


(A)  Less  than  $720. 

(B)  $720  or  more  and  less  than  $840. 

(C)  $840  or  more  and  less  than  $900. 

(D)  $900  or  more  and  less  than  $1,000. 

(E)  $1,000  or  more  and  less  than  $1,200. 
(1)  $1,200  or  more  and  less  than  $1,400. 


(2)  $1,400  or  more  and  less  than  $1,600. 

(3)  $1,600  or  more  and  less  than  $1,800. 

(4)  $1,800  or  more  and  less  than  $2,000. 

(5)  $2,000  or  more  and  less  than  $2,500. 

(6)  $2,500  or  more. 


In  connection  \vith  this  order  of  classification  the  President  issued 
the  following  Executive  order  defining  the  positions  which  may  be 
filled  without  competitive  examination  under  the  civil-service  rules : 

EXECUTIVE    order. 

Schedule  A  of  the  civil-service  rules  ^  is  hereby  amended  by  adding 
at  the  end  thereof  a  new  section,  reading : 

1  Schedule  A  is  a  list  of  the  classified  positions  excepted  from  examination  under  Rule  II,  clause  3,  which 
Is  as  follows: 

"3.  Appointments  to  the  excepted  positions  named  In  Schedule  A  of  these  rules  may  be  made  without 
examination  or  upon  noncompetitive  examination;  but  the  proper  appointing  officer  may  fill  an  excepted 
position  as  competitive  positions  are  filled,  in  which  case  the  person  appointed  will  receive  all  the  rights 
of  a  competitive  employee." 


16 


EXECUTIVE  OBDEES. 


VIII. — ISTHMIAN   CANAL   COMMISSION. 


1.  Secretary. 

2.  Assistant  Secretary. 

3.  Executive  Secretary  to  the  Governor 

of  the  Canal  Zone. 

4.  Chief  Clerk. 

5.  Treasurer. 

6.  One  Deputy  Treasurer. 

7.  One  Chief  of  Materials  and  Supplies. 

8.  Auditor. 

9.  Two  deputy  auditors. 

10.  One  Disbursing  Officer  for  the  Canal 

Zone. 

11.  One  Collector  of  Revenue. 

12.  Chief  Engineer  of  the  Commission. 

13.  Division  engineers  as  hereinafter  to 

be  pro'V'ided  for. 


14.  Resident  engineers  as  hereinafter  to 

be  provided  for. 

15.  Hospital  attendants  other  than  nurses 

and  clerical  force. 

16.  Chief  Sanitary  Officer. 

17.  Assistant  Sanitary  officers  as  herein- 

after to  be  pro\dded  for. 

18.  Director  of  Hospitals. 

19.  Superintendents  of  canal   hospitals, 

one  for  each  hospital. 

20.  Chief  Quarantine  Officer. 

21.  Two  assistant  quarantine  officers. 

22.  Sanitary  officer  at  Colon. 

23.  Sanitary  officer  at  Panama. 


The  number  of  division  engineers,  resident  engineers,  and  assistant 
sanitary  officers  shall  be  agreed  upon  between  the  Isthmian  Canal 
Commission  and  the  Civil  Service  Commission  at  the  end  of  one  year 
from  the  date  of  this  order. 

The  Isthmian  Canal  Commission  is  to  furnish  the  Civil  Service 
Commission  semi-annually,  on  the  first  days  of  December  and  June, 
with  statements  of  the  names  of  those  employed  as  hospital  attend- 
ants, as  above  set  forth,  during  the  preceding  six  months,  with  a 
general  statement  of  the  duties  of  each  of  them. 


ISTHMIAN    CANAL  COMMISSION.  17 


Panama,  December  3,  1904- 

By  direction  of  the  President,  it  is  ordered  that,  subject  to  the 
action  of  the  Fifty-eighth  Congress  as  contemplated  by  tlae  act  of 
Congress,  approved  April  28,  1904: 

Section  1.  No  importation  of  goods,  wares,  and  merchandise  shall 
be  entered  at  Ancon  or  Cristobal,  the  terminal  ports  of  the  canal, 
except  such  goods,  wares,  and  merchandise  as  are  described  in 
Article  XIII  of  the  treaty  between  the  Republic  of  Panama  and  the 
United  States,  the  ratifications  of  wliich  were  exchanged  on  the 
26th  day  of  February,  1904,  and  except  goods,  wares,  and  merchandise 
in  transit  across  the  isthmus  for  a  destination  without  the  limits  of 
said  isthmus,  and  except  coal  and  crude  mineral  oil  for  fuel  purposes 
to  be  sold  at  Ancon  or  Cristobal  to  sea-going  vessels;  said  coal  and 
oil  to  be  admitted  to  those  ports  free  of  duties  for  said  purposes: 

Provided,  however,  That  this  order  shall  be  inoperative,  first,  unless 
the  Republic  of  Panama  shall  reduce  the  ad  valorem  duty  on  imported 
articles  described  in  class  2  of  the  act  of  the  National  Convention  9f 
Panama  passed  July  5,  1904,  and  taking  effect  October  12,  1904, 
from  fifteen  per  centum  to  ten  per  centum  and  shall  not  increase  the 
rates  of  duty  on  the  imported  articles  described  in  the  other  schedules 
of  said  act  except  on  all  forms  of  imported  wines,  hquors,  alcohol,  and 
opium  on  which  the  Republic  may  fix  higher  rates;  second,  unless 
article  38  of  the  Constitution  of  the  Republic  of  Panama  as  modified 
hj  article  146  thereof  shall  remain  in  full  force  and  unchanged  so  far 
as  the  importation  and  sale  of  all  kinds  of  merchandise  are  concerned; 
third,  unless  the  consular  fees  and  charges  of  the  Republic  of  Panama 
in  respect  to  entry  of  all  vessels  and  importations  into  said  ports  of 
Panama  and  Colon  shall  be  reduced  to  sixty  per  cent  of  the  rates  now 
in  force ;  and,  fourth,  unless  goods  imported  into  the  ports  of  Panama 
and  Colon  consigned  to  or  destined  for  any  part  of  the  Canal  Zone  shall 
not  be  subjected  in  the  Republic  of  Panama  to  any  other  direct  or 
indirect  impost  or  tax  whatever. 

Sec.  2.  In  view  of  the  proximity  of  the  port  of  Ancon  to  the  port 
of  Panama,  and  the  port  of  Cristobal  to  the  port  of  Colon,  the  proper 
customs  or  port  official  of  the  Canal  Zone  shall,  when  not  inconsistent 
with  the  interests  of  the  United  States,  at  the  instance  of  the  proper 
authority  of  the  Republic  of  Panama,  permit  any  vessel,  entered  at  or 
cleared  from  the  ports  of  Panama  and  Colon,  together  with  its  cargo 
and  passengers,  under  suitable  regulations  for  the  transit  of  the 
imported  merchandise  and  passengers  to  and  from  the  territory  of 
the  Republic  of  Panama,  to  use  and  enjoy  the  dockage  and  other 


18  EXECUTIVE   OEDEES. 

facilities  of  the  ports  of  Ancon  and  Cristobal  respectively  upon  pay- 
ment of  proper  dockage  dues  to  the  owners  of  said  docks : 

Provided,  however,  That  reciprocal  privileges  as  to  dockage  and 
other  facilities  at  Panama  and  Colon,  together  with  suitable  arrange- 
ment for  transit  of  imported  merchandise  and  passengers  to  and 
from  the  territory  of  the  Canal  Zone,  shall  be  granted  by  the  author- 
ities of  the  Republic  of  Panama,  when  not  inconsistent  with  its 
interests,  to  any  vessel,  together  with  its  cargo  and  passengers  entered 
at  or  cleared  from  the  ports  of  Ancon  and  Cristobal:  Provided,  how- 
ever, That  nothing  herein  contained  shall  alTect  the  complete  admiti- 
istrative,  police,  and  judicial  jurisdiction  of  the  two  governments 
over  their  respective  ports  and  harbors,  except  as  hereinafter  pro- 
vided in  section  6. 

Provided,  also.  That  vessels  entering  or  clearing  at  the  port  of 
Panama  shall  have  the  absolute  right  freely  to  anchor  and  lade  and 
discharge  their  cargoes  by  lighterage  from  and  to  Panama  at  the 
usual  anchorage  in  the  neighborhood  of  the  islands  of  Perico, 
Flamenco,  Naos,  and  Culebra  though  included  in  the  harbor  of  Ancon 
under  the  provisional  delimitation  as  amended  under  section  5  here- 
after, and  to  use  the  said  waters  of  said  harbor  for  all  lawful  com- 
mercial purposes. 

Sec.  3.  All  manifests  and  invoices  and  other  documents  in  respect 
to  vessels  or  cargoes  cleared  or  consigned  for  or  from  the  ports  of 
Panama  and  Colon  shall,  as  heretofore,  be  made  by  the  officials  of 
the  Republic  of  Panama.  All  manifests,  invoices,  and  other  docu- 
ments in  respect  to  the  vessels  and  cargoes  cleared  or  consigned  for 
or  from  the  ports  of  Ancon  or  Cristobal  shall  be  made  by  officials  of 
the  United  States. 

Sec.  4.  No  import  duties,  tolls,  or  charges  of  any  kind  whatsoever 
shall  be  imposed  by  the  authorities  of  the  Canal  Zone  uyion  goods, 
wares,  and  merchandise  imported,  or  upon  persons  passing  from  the 
territory  of  the  Re})ublic  of  Panama  into  the  Canal  Zone,  and  section 
5  of  the  Executive  Order  of  June  24,  1904,  providing  that  duties  on 
importations  into  the  Canal  Zone  are  to  be  levied  in  conformity 
with  such  duties  as  Congress  has  imposed  upon  foreign  merchandise 
imported  into  ports  of  the  United  States  is  hereby  revoked,  but 
this  order  shall  be  inoperative  unless  the  authorities  of  the  Republic 
of  Panama  shall  grant  by  proper  order  reci})rocal  free  importation 
of  goods,  wares,  and  merchandise  and  free  passage  of  })ersons  from 
the  territory  of  the  Canal  Zone  into  that  of  the  Republic  of  Panama. 

Sec.  5.  The  provisions  of  this  order  also  shall  not  be  operative 
except  upon  the  condition  that  the  delimitation  of  the  cities  and 
harbors  of  Colon  and  Panama,  signed  on  the  15th  day  of  June,  1904, 
by  the  proper  representatives  of  the  governments  of  the  Republic 
of  Panama  and  of  the  Canal  Zone,  shall  be  provisionally  enforced. 


ISTHMIAN    CANAL    COMMISSION.  19 

and  while  the  same  shall  remain  in  force  with  the  consent  of  both 
parties  thereto,  the  provisional  delimitation  shall  include  not  only 
the  terms  set  forth  in  the  writing  thereof,  but  also  the  following, 
viz.:  That  the  harbor  of  Panama  shall  include  the  maritime  waters 
in  front  of  said  city  to  the  south  and  east  thereof,  extending  three 
marine  miles  from  mean  low-water  mark,  except  the  maritime  waters 
lying  westerly  of  a  line  drawn  from  a  stake  or  post  set  on  Punta 
Mala  through  the  middle  island  of  the  three  islands  known  as  Las 
Tres  Herrnanas,  and  extending  three  marine  miles  from  mean  low- 
water  mark  on  Punta  Mala,  which  waters  shall  be  considered  in  the 
harbor  of  Ancon. 

Sec.  6.  This  order  also  shall  be  inoperative  unless  the  proper 
governmental  authorities  of  the  Republic  of  Panama  shall  grant 
power  to  the  authorities  of  the  Canal  Zone  to  exercise  immediate 
and  complete  jurisdiction  in  matters  of  sanitation  and  quarantine 
in  the  maritime  waters  of  the  ports  of  Panama  and  Colon. 

Sec.  7.  The  Executive  Order  of  June  24,  1904,  concerning  the 
establishment  of  post-offices  and  postal  service  in  the  Canal  Zone  is 
modified  and  supplemented  by  the  following  provisions: 

All  mail  matter  carried  in  the  territory  of  the  Canal  Zone  to  or 
through  the  Republic  of  Panama  to  the  United  States  and  to  foreign 
countries  shall  bear  the  stamps  of  the  Republic  of  Panama  properly 
crossed  by  a  printed  mark  of  the  Canal  Zone  Government,  and  at 
rates  the  same  as  those  imposed  by  the  Government  of  the  United 
States  upon  its  domestic  and  foreign  mail  matter,  exactly  as  if  the 
United  States  and  the  Republic  of  Panama  for  this  purpose  were 
common  territory.  The  authorities  of  the  Canal  Zone  shall  pur- 
chase from  the  Republic  of  Panama  such  stamps  as  the  authorities 
of  the  Canal  Zone  desire  to  use  in  the  Canal  Zone  at  forty  per  centum 
of  their  face  value;  but  this  order  shall  be  inoperative  unless  the 
proper  authorities  of  the  Republic  of  Panama  shall  by  suitable 
arrangement  with  the  postal  authorities  of  the  United  States  provide 
for  the  transportation  of  mail  matter  between  post-offices  on'  the 
Isthmus. of  Panama  and  post-offices  in  the  United  States  at  the  same 
rates  as  are  now  charged  for  domestic  postage  in  the  United  States, 
except  all  mail  matter  lawrfully  franked  and  inclosed  in  the  so-called 
penalty  envplopes  of  the  United  States  Government  concerning  the 
public  business  of  the  United  States,  which  shall  be  carried  free, 
both  by  the  governments  of  Panama  and  of  the  Canal  Zone :  Provided, 
however,  That  the  zone  authorities  may  for  the  purpose  of  facilitat- 
ing the  transportation  of  through  mail  between  the  zone  and  the 
United  States  in  either  direction  inclose  such  through  mail  properly 
stamped  or  lawfully  franked  in  sealed  mail  pouches,  which  shall  not 
be  opened  by  the  authorities  of  the  Republic  of  Panama  in  transit, 


20  EXECUTIVE   ORDERS. 

on  condition  that  the  cost  of  transportation  of  such  mail  pouches 
shall  be  paid  by  the  Zone  Government. 

Sec.  8.  This  order  also  shall  not  be  operative  unless  the  currency- 
agreement  made  at  Washington  June  20,  1904,  by  the  representatives 
of  the  Republic  of  Panama  and  the  Secretary'  of  War  of  the  United 
States,  acting  with  the  approval  of  the  President  of  the  United  States, 
for  the  establishment  of  a  gold  standard  of  value  in  the  Republic  of 
Panama,  and  proper  coinage  shall  be  approved  and  put  into  execu- 
tion by  the  President  of  the  Republic  of  Panama,  pursuant  to  the 
authority  conferred  upon  him  by  law  of  the  Republic  of  Panama, 
No.  84,  approved  June  20,  1904,  and  unless  the  President  of  the 
Republic  of  Panama,  in  order  that  the  operation  of  the  said  currency 
agreement  in  securing  and  maintaining  a  gold  standard  of  value  in 
the  Republic  of  Panama  may  not  be  obstructed  thereby,  shall  by 
virtue  of  his  authority  conferred  by  law  No.  65,  enacted  by  the 
National  Assembly  of  Panama  on  June  6,  1904,  abolish  the  tax  of  one 
per  cent  on  gold  coin  exported  from  the  Republic  of  Panama. 

Sec.  9.  Citizens  of  the  Republic  of  Panama  at  any  time  residing 
in  the  Canal  Zone  shall  have,  so  far  as  concerns  the  United  States, 
entire  freedom  of  voting  at  elections  held  in  the  Republic  of  Panama 
and  its  provinces  or  municipalities  at  such  places  outside  of  the  Canal 
Zone  as  may  be  fixed  by  the  Republic,  and  under  such  conditions  as 
the  Republic  may  determine;  but  nothing  herein  is  to  be  construed 
as  intending  to  limit  the  power  of  the  Republic  to  exclude  or  restrict 
the  right  of  such  citizens  to  vote  as  it  may  be  deemed  judicious. 

Sec.  10.  The  highway  extending  from  the  eastern  limits  of  the  city 
of  Panama,  as  fixed  in  the  above  mentioned  provisional  dehmitation 
agreement  of  June  10,  1904,  to  the  point  still  further  to  the  eastward 
wdiere  the  road  to  the  "Savannas"  crosses  the  zone  line  (which  is  5 
miles  to  eastward  of  the  center  axis  of  the  canal)  shall  be  repaired  and 
maintained  in  a  serviceable  condition  at  the  cost  and  expense  of  the 
authorities  of  the  Canal  Zone,  and  also  in  like  manner  the  said  road 
from  the  said  eastern  limits  of  the  city  of  Panama  to  the  railroad 
bridge  in  the  city  of  Panama  shall  be  repaired  at  the  cost  of  the 
authorities  of  the  Canal  Zone;  but  this  order  shall  not  be  operative 
unless  the  Republic  of  Panama  shall  waive  its  claim  for  compensation 
for  the  use  in  perpetuity  of  the  municipal  buildings  located  in  the 
Canal  Zone. 

Sec.  11.  The  United  States  \vill  construct,  maintain,  and  conduct 
a  hospital  or  hospitals  either  in  the  Canal  Zone  or  in  the  territory  of 
the  Republic,  at  its  option,  for  the  treatment  of  persons  insane  or 
aflflicted  with  the  disease  of  leprosy,  and  indigent  sick,  and  the  United 
States  will  accept  for  treatment  therein  such  persons  of  said  classes 
as  the  Republic  may  request;  but  this  order  shall  not  be  operative, 
unless,  first,  the  RepubUc  of  Panama  shall  furnish  without  cost  the 


ISTHMIAN   CANAL.  COMMISSION.  21 

requisite  lands  for  said  purposes  if  the  United  States  shall  locate  such 
hospital  or  hospitals  in  the  territory  of  the  Republic;  and,  second, 
unless  the  Republic  shall  contribute  and  pay  to  the  United  States  a 
reasonable  daily  per  capita  charge  in  respect  of  each  patient  entering, 
upon  the  request  of  the  Republic,  to  be  fixed  by  the  Secretary  of  War 
of  the  United  States. 

Sec.  12.  The  operation  of  this  Executive  Order  and  its  enforce- 
ment by  officials  of  the  United  States  on  the  one  hand,  or  a  compli- 
ance with  and  perforrnance  of  the  conditions  of  its  operation  by  the 
RepubUc  of  Panama  and  its  officials  on  the  other,  shall  not  be  taken 
as  a  delimitation,  definition,  restriction,  or  restrictive  construction  of 
the  rights  of  either  party  under  the  treaty  between  the  United  States 
and  the  RepubUc  of  Panama. 

This  order  is  to  take  effect  on  the  12th  day  of  December,  1904. 

Wm.  H.  Taft, 

Secretary  of  War. 


22  EXECUTIVE   OKDEES. 


Panama,  December  6,  1904. 

Section  1 .  Consignments  of  goods,  wares,  and  merchandise  which 
by  virtue  of  section  1  of  the  above  mentioned  order  of  December  3, 
1904,  cannot  be  entered  for  importation  at  the  ports  of  Ancon  or 
Cristobal  may  nevertheless,  at  the  option  of  the  consignor,  if  accom- 
panied by  the  proper  consular  invoices  of  the  consul  of  the  Republic 
of  Panama  at  the  port  of  consignment,  be  landed  at  Ancon  or  Cristo- 
bal, respectively,  in  transit  to  any  part  of  the  Canal  Zone  or  the 
republic  upon  payment  of  the  proper  duties  to  the  Republic  of 
Panama,  under  suitable  arrangements  similar  to  those  provided  for 
by  section  2  of  said  order  of  December  3,  1904. 

But  such  goods,  wares,  and  merchandise  not  accompanied  by  con- 
sular invoice  of  the  consul  of  the  repubhc  shall  not  be  permitted  to 
land  at  Ancon  or  Cristobal. 

Sec.  2.  The  order  of  December  3,  1904,  shall  be  construed  to  per- 
mit free  exportation  and  consignment  of  goods,  wares,  and  merchan- 
dise and  free  transit  of  persons  and  vehicles  from  the  repubhc  through 
the  Canal  Zone  and  from  the  terminal  ports  thereof. 

By  direction  of  the  President: 

Wm.  H.  Taft, 
Secretary  of  War. 


ISTHMIAN"   CANAL,  COMMISSION.  23 


War  Department, 

Washington,  December  16,  190J^. 
To  the  Chairman  of  the  Isthmian  Canal  Commission: 

By  direction  of  the  President,  the  order  of  June  24,  1904,  relating 
to  the  estabUshment  and  administration  of  the  customs  service  in 
the  Canal  Zone  of  the  Istlimus  of  Panama,  is  hereby  revoked. 

Wm.  H.  Taft, 
Secretary  of  War. 

98987—11 3 


24  EXECUTIVE   ORDERS. 


War  Department, 

December  2S,  1904. 

Sm:  By  direction  of  the  President,  it  is  ordered  that  there  sliall  be 
substituted  for  the  order  of  June  25,  1904,  relating  to  the  establish- 
ment and  administration  of  the  customs  service  in  the  Canal  Zone  of 
the  Isthmus  of  Panama,  wliich  was  revoked  by  the  order  of  Decem- 
ber 16,  1904,  the  following: 

''Section  1.  For  the  purpose  of  customs  administration  in  the 
Canal  Zone  there  is  hereby  established  a  customs  district,  which 
comprises  all  the  lands  and  waters  witliin  the  control  and  jurisdiction 
of  the  United  States  on  the  Isthmus  of  Panama  and  the  maritime 
waters  contiguous  to  the  shores  of  the  said  Canal  Zone  extending  to 
the  distance  of  three  marine  miles  from  mean  low- water  mark,  but 
not  including  any  maritime  waters  that  pertain  to  the  harbors  of  the 
cities  of  Panama  and  Colon  in  the  Republic  of  Panama,  the  harbors 
of  wliich  are  sufficiently  defined  under  the  provisional  agreement  of 
delimitation  signed  by  the  proper  representatives  of  the  governments 
of  Panama  and  of  the  Canal  Zone  on  the  loth  day  of  June,  as  modi- 
fied by  the  consent  of  the  parties  in  accordance  with  the  description 
contained  in  section  5  of  the  Executive  Order  of  December  3,  1904. 

"Sec.  2.  There  shall  be  two  ports  of  entry  in  the  Canal  Zone,  to 
wit:  Ancon,  at  the  Pacific  terminus  of  the  canal,  and  Cristobal,  at  the 
Atlantic  terminus,  at  which  goods,  wares,  and  merchandise  may  be 
imported  or  exported  and  vessels  may  be  entered  or  cleared  in  accord- 
ance with  the  Executive  Orders  of  December  3,  1904,  and  December 
6,  1904: 

"Sec.  3.  The  subdivision  of  the  executive  branch  of  the  Govern- 
ment of  the  Canal  Zone,  known  as  the  Department  of  Revenues, 
shall  include  the  administration  of  the  customs  laws  and  tariff  regula- 
tions in  force  in  the  said  zone.  The  collector  of  revenues,  who  by 
act  of  the  Isthmian  Canal  Commission  is  ex-officio  the  collector  of 
customs,  shall  receive  the  salary  which  may  be  allowed  by  law,  and 
shall  perform  the  duties  of  collector  of  customs  as  required  by  the  laws 
now  in  force  in  the  Canal  Zone  or  that  may  hereafter  be  enacted. 

"Sec.  4.  The  deputy  collectors  and  inspectors  of  customs,  the 
health  officers,  and  port  captains  at  the  ports  of  Ancon  and  Cristobal 


ISTHMIAN   CANAL  C0MMI6SI0N.  25 

shall  receive  such  compensation  as  may  be  allowed  by  law,  and  will 
perform  their  duties  at  said  ports  as  required  by  the  laws  and  regula- 
tions in  force  in  the  zone. 

"Sec.  5.  The  order  of  December  16,  1904,  revoking  the  order  of 
June  24,  1904,  together  with  tliis  order,  shall  be  proclaimed  in  the 
Canal  Zone,  Isthmus  of  Panama,  and  shall  be  in  force  from  the  date 
of  the  promulgation." 

Very  respectfully,  Wm.  H.  Taft, 

Secretary  of  War. 
The  Chairman  of  the  Isthmian  Canal  Commission, 

Washington,  D,  O. 


26  EXECUTIVE   ORDERS. 


The  requirements  as  to  United  States  citizenship  may  be  waived 

for  apphcants  for  positions  on  tlie  Isthmus  of  Panama  under  such 

regulations  as  may  be  provided  by  the  United  States  Civil  Service 

Commission. 

Theodore  Roosevelt. 

White  House,  December  8,  1904- 


ISTHMIAN   CANAL  COMMISSION.  27 


Section  VIII  of  Schedule  A  of  the  Civil  Service  Rules  is  hereby 
amended  by  adding  the  following-named  positions: 

Chief  Justice  and  Judges  of  Supreme  and  Circuit  Courts. 

Clerks  of  the  Supreme  and  Circuit  Courts. 

Marshals  of  the  Supreme  and  Circuit  Courts. 

Municipal  Judges. 

Occasional  officers  of  courts,  such  as  referees,  trustees,  commis- 
sioners, and  guardians  ad  litem. 

Notaries  Public. 

Mayors  of  Municipalities. 

Municipal  Secretaries. 

Assessors  of  taxes. 

One  Private  Secretary  to  Governor  of  Canal  Zone. 

Warden  and  keeper  of  penitentiary  at  Gorgona. 

One  Chief  of  Police. 

Captains  of  Police. 

Detectives. 

Corporals  and  privates  of  police  force. 

All  employees  in  mechanical  trades  or  other  skilled  manual  occu- 
pations who  are  appointed  locally  upon  the  Isthmus  of  Panama  and 
whose  compensation  is  four  dollars  per  diem  or  less  or  one  hundred 
dollars  per  month  or  less  while  actually  employed. 

Theodore  Roosevelt. 

White  House,  January  5,  1905. 


28  EXECUTIVE   ORDERS. 


War  Department, 

Washington,  D.  C,  January  7,  1905. 
By  direction  of  the  President,  it  is  hereby  ordered  that — 

1.  To  entitle  goods,  wares,  and  merchandise  to  entry  at  Ancon  and 
Cristobal,  the  terminal  ports  of  the  Isthmian  Canal,  Canal  Zone, 
Isthmus  of  Panama,  it  is  necessary  that  it  be  established  by  the  cer- 
tificate of  a  member  of  the  Isthmian  Canal* Commission,  or  of  the 
chief  engineer  of  the  Isthmian  Canal  Commission,  or  of  the  chief  of 
the  Department  of  Material  and  Supplies,  that  said  goods,  wares,  and 
merchandise  are  necessary  and  convenient  for  the  construction  of  the 
Isthmian  Canal  or  for  the  use  and  consumption  of  certain  officers  and 
employees  in  the  service  of  the  United  States  and  of  the  Government 
of  the  Canal  Zone  and  their  families,  stationed  on  the  Isthmus  of 
Panama,  and  are  to  be  devoted  to  that  purpose  exclusively. 

2.  The  certificates  above  required  shall  be  granted  only  when  the 
goods,  wares,  and  merchandise  to  be  certified  are  (1)  the  f)roperty, 
including  live  stock  and  forage,  of  or  under  contract  of  purchase  by 
the  United  States  and  intended  for  use  in  the  work  of  constructing 
the  canal  or  the  sanitation  of  the  Isthmus;  or  for  the  service  of  the 
Government  of  the  Canal  Zone;  (2)  the  property,  including  live 
stock  and  forage,  of  or  under  contract  of  purchase  by  a  contractor 
with  the  United  States  or  the  Government  of  the  Canal  Zone  for  work 
on  the  construction  of  the  Isthmian  Canal,  the  sanitatioii  of  the 
Isthmus  of  Panama,  provided  that  any  goods,  wares,  or  merchandise 
that  are  to  be  offered  for  sale  by  any  contractor  to  his  employees  or 
otherwise  shall  not  be  entitled  to  such  entry;  (3)  the  property  of  the 
Government  of  the  Canal  Zone  or  of  any  municipality  of  said  zone; 
(4)  property  and  provisions  intended  for  sale  in  commissaries  estab- 
lished and  operated  by  the  Isthmian  Canal  Commission  to  officers, 
employees,  and  contractors  of  the  Isthmian  Canal  Commission,  of  the 
Panama  Railroad  Company,  or  of  any  contractor  with  the  Isthmian 
Canal  Commission  for  work  on  the  Isthmus  (together  with  the  fam- 
ilies of  such  persons),  who  are  citizens  of  the  United  States  or  who 
received  compensatiini  on  what  is  known  as  the  gold  pay  roll  of  the 
Commission,  of  the  railroad  company,  or  such  contractor;  (5)  house- 
hold furniture  of  such  officers  and  employees  of  the  Isthmian  Canal 
Commission  stationed  in  the  Canal  Zone,  or  Repul)lic  of  Panama, 
including  such  articles,  eft'ects,  and  furnishings  as  pictures,  books, 
musical  instruments,  chinaware,  bed  and  table  linen,  and  kitchen 
utensUs;  also  wearing  apparel,  toilet  objects,  and  articles  for  personal 


ISTHMIAN    CANAL   COMMISSION.  29 

use;  books,  portable  tools,  and  instruments;  jewelry  and  table 
services,  in  quantities  and  of  the  class  suitable  to  the  rank  and  posi- 
tion of  such  officers  and  employees  and  intended  for  their  own  use 
and  benefit  and  not  for  barter  or  sale,  imported  from  the  United 
States. 

3.  This  order  contemplates  the  exclusion  from  benefits  of  the 
commissaries  established  and  maintained  by  the  Commission  of  all 
employees  and  workmen  who  are  natives  of  tropical  countries  wherein 
prevail  climatic  conditions  similar  to  those  prevailing  on  the  Isthmus 
of  Panama,  and  who  therefore  may  be  presumed  to  be  able  to  secure 
the  articles  of  food,  clothing,  household  goods  and  furnisliings,  of  the 
kind  and  character  to  which  they  are  accustomed,  from  the  merchants 
of  Panama,  Colon,  and  the  towns  of  the  Canal  Zone,  and  whose  ordi- 
nary needs  may  be  supplied  without  recourse  to  the  Government 
commissaries.  Should  it  develop  hereafter  that  said  merchants 
charge  prices  in  excess  of  legitimate  profit,  or  practice  other  extor- 
tion, the  United  States,  for  the  protection  and  assistance  of  all  its 
employees,  whether  from  the  tropical  or  temperate  zone,  will  supply 
its  commissaries  with  such  staple  articles  as  are  required  and  desired 
by  the  inhabitants  of  tropical  countries,  and  permit  all  its  employees 
and  workmen  and  those  of  its  contractors  to  avail  themselves  of  the 
benefits  and  privileges  afforded  by  said  Government  commissaries. 

This  order  is  to  take  effect  on  the  7th  day  of  January,  1905. 

Wm.  H.  Taft, 

Secretary  of  War. 

The  Chairman  of  the  Isthmian  Canal  Commission, 

Washington;  D.  C. 


30  EXECUTIVE  OEDEES. 


It  is  ordered  that  Joseph  L.  Bristow,  of  Kansas,  be  appointed  a 
Special  Commissioner  for  the  purpose  of  visiting  the  ports  of  the 
Pacific  Coast,  the  Isthmus  of  Panama,  New  York,  and  such  other  ports 
as  may  be  necessary,  to  make  an  investigation  into  the  present  trade 
conditions  and  freight  rates  between  the  Atlantic  and  Pacific  Coasts, 
across  the  Isthmus  of  Panama,  and  between  the  west  coast  of  South 
America  and  the  east  coast  of  the  United  States,  and  Europe,  for  the 
purpose  of  determining  the  best  policy  to  be  pursued  in  the  manage- 
ment of  the  Panama  Railroad  Company. 

He  is  authorized  to  employ  for  tliis  purpose  a  stenographer  at  not 
exceeding  $5  a  day  and  liis  actual  and  necessary  expenses,  and  to 
take  evidence  of  all  persons  whose  knowledge  of  trade  conditions  or 
rates  will  assist  in  reacliing  the  necessary  conclusion. 

The  Secretary  of  War  will  furnish  to  the  Special  Commissioner 
a  letter  of  instructions,  in  detail,  as  to  the  course  and  extent  of  liis 
investigations,  and  as  to  the  time  when  he  shall  report  his  conclusions. 

Until  liis  report  is  forthcoming,  the  Commissioner  will  be  allowed 
his  actual  expenses,  and  SI 5  a  day.  The  President  will  finally 
fix  his  entire  compensation.  As  Mr.  Bristow  will  need  until  January 
20,  1905,  to  close  up  matters  awaiting  liis  cUsposition  as  Fourth 
Assistant  Postmaster  General,  this  order  will  take  effect  on  that  date. 
The  Isthmian  Canal  Commission  is  directed  to  provide  the  funds 
needed  in  the  execution  of  this  order. 

Theodore  Roosevelt. 
[  The  White  House,  January  13,  1905. 


ISTHMIAN    CANAL   COMMISSION.  31 


By  order  of  the  President,  Thomas  T.  Gaff,  of  Washington,  D.  C, 
and  Dr.  C.  A.  L.  Reed,  of  Cincinnati,  Ohio,  are  hereby  appointed 
as  members  of  the  joint  commission  provided  for  by  Articles  VI 
and  XV  of  the  Canal  Convention  of  February  26,  1904. 

They  will  visit  Ancon  in  the  Panama  Canal  Zone  and  make 
their  presence  known  to  the  Governor  of  the  Zone  on  or  before  the 
seventh  of  February. 

They  will  receive  the  actual  expenses  of  travelling  and  subsis- 
tence from  the  time  of  leaving  their  places  of  residence  until  their 
return,  and  also  an  allowance  of  ten  dollars  a  day  for  their  services. 

Wm.  H.  Taft, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C.  January  17,  1905. 


32  EXECUTIVE   OBDEES. 


War  Department, 
WasTiington,  January  19,  1905. 
By  order  of  the  President,  the  Executive  Order  of  January  17th  is 
hereby  amended  by  substituting  for  H.  C.  Warmouth,  named  therein, 
Dr.  C.  A.  L.  Reed. 

Wm.  H.  Taft, 

Secretary  of  War. 


ISTHMIAN    CAXAL.   COMMISSION.  33 


White  House, 

Washington,  D.  C,  Ajml  1,  1905. 

The  practical  result  of  the  operations  of  the  Isthmian  Canal  Com- 
mission appointed  and  acting  under  previous  executive  orders  has  not 
been  satisfactory,  and  requires  a  change  in  the  personnel  of  the  Com- 
mission and  in  the  instructions  for  its  guidance. 

The  Commission  will  hold  quarterly  sessions  the  first  of  January, 
April,  July,  and  October  of  each  year,  at  the  office  of  the  Governor  on 
the  Isthmus  of  Panama,  and  will  continue  each  session  as  long  as 
public  business  may  require.  Further  notice  of  such  meetings  shall 
not  be  necessary  to  their  regularity.  The  Commission  may  hold 
special  sessions  at  the  call  of  the  Chairman.  Four  members  shall 
constitute  a  quorum,  and  the  action  of  such  majority  shall  be  the 
action  of  the  Commission. 

The  Commission,  under  the  supervision  and  direction  of  the  Secre- 
tary of  War  and  subject  to  the  approval  of  the  President,  is  charged 
with  the  general  duty  of  the  adoption  of  plans  for  the  construction 
and  maintenance  of  the  canal  and  with  the  execution  of  the  work  of 
the  same;  with  the  purchase  and  delivery  of  supplies,  machinery  and 
necessary  plant;  the  employment  of  the  necessary  officers,  employes 
and  laborers,  and  with  the  fixing  of  their  salaries  and  wages;  with 
the  commercial  operation  of  the  Panama  Railroad  Company  and  its 
steamship  lines  as  common  carriers;  with  the  utilization  of  the  rail- 
road as  a  means  of  constructing  the  canal;  with  the  making  of  con- 
tracts for  construction  and  excavation,  and  with  all  other  matters 
incident  and  necessary  to  the  building  of  a  waterway  across  the 
Isthmus  of  Panama,  as  provided  by  the  Act  of  Congress  of  June  28, 
1902. 

For  convenience  and  to  secure  the  uninterrupted  course  of  the 
work,  an  Executive  Committee  of  not  less  than  three  members  of  the 
Commission  shall  be  appointed  by  the  Commission  to  act  in  place  of 
the  Commission  during  the  intervals  between  the  meetings  of  the 
Commission,  and  to  report  its  doings  in  full  to  the  Commission  at  the 
next  regular  meeting.  A  minute  of  every  transaction  of  the  Execu- 
tive Committee  shall  be  made,  and  one  copy  of  the  minutes  shall  be 
forwarded  to  the  Secretary  of  War  and  another  copy  transmitted  for 
the  consideration  of  the  Commission  at  its  next  meeting.  Regular 
meetings  of  the  Executive  Committee  shall  be  held  at  the  office  of  the 
Governor  on  the  Isthmus  of  Panama  at  10  o'clock  in  the  forenoon  on 
each  Monday  and  Wednesday  of  every  week,  and  further  notice  of 


34  EXECUTIVE   ORDEES. 

such  meetings  shall  not  be  necessary  to  their  legality.  A  majority 
of  their  number  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness at  such  meetings.  The  action  of  sucli  majority  shall  be  the 
action  of  the  Executive  Committee. 

For  convenience  of  executing  the  work  to  be  done,  there  shall  be 
constituted  throe  executive  departments: 

(a)  The  head  of  the  lii'st  department  shall  be  the  Chairman  of  the 
Commission,  who  shall  have  direct  and  immediate  charge  of: 

1.  The  fiscal  afl'airs  of  the  Commission; 

2.  The  purchase  and  dehvery  of  all  materials  and  supplies; 

3.  The  accounts,  bookkeeping  and  audits: 

4.  The  commercial  operations  in  the  United  States  of  the  Panama 
Railroad  and  steamsliip  Unes. 

5.  He  shall  have  charge  of  the  general  concerns  of  the  Commission, 
subject  to  tlie  supervision  and  direction  of  the  Secretary  of  War,  and 
shall  perform  such  other  duties  as  may  be  placed  upon  liim  from 
time  to  time  by  the  Secretary  of  War. 

(b)  The  head  of  the  second  department  shall  be  the  Governor  of 
the  Zone,  with  the  duties  and  powers  indicated  in  the  Executive 
Order  of  May  9,  1904,  which  includes,  in  general: 

1.  The  administration  and  enforcement  oi  law  in  the  Zone: 

2.  All  matters  of  sanitation  within  the  Canal  Zone,  and  also  in  the 
cities  of  Panama  and  Colon  and  the  harbors,  etc.,  so  far  as  authorized 
by  the  treat}  ,  the  Executive  Orders  and  Decrees  of  Decend)er  3, 
1904,  between  the  United  States  and  the  RepubHc  of  Panama  relating 
thereto. 

3.  The  custody-  of  all  supplies  needed  for  sanitary  purposes,  and 
such  construction  necessary  for  sanitary  purposes,  as  may  be  assigned 
to  this  Department  by  the  Commission. 

4.  Such  other  duties  as  he  may  be  charged  with  from  time  to  time 
by  the  Secretary  of  War. 

5.  He  shall  reside  on  the  Isthmus  and  devote  his  entire  time  to 
the  service,  except  when  granted  leave  of  absence  b}'  the  Secretary 
of  War. 

(c)  The  head  of  the  third  department  shall  be  the  Chief  Engineer. 
He  shall  have  full  charge  on  the  Isthnuis: 

1.  Of  all  the  actual  work  of  construction  carried  on  by  the  Com- 
mission on  the  Isthmus; 

2.  The  custody  of  all  supplies  and  plant  of  the  Commission  upon 
the  Isthmus; 

3.  The  practical  operation  of  the  railroad  on  the  Isthmus,  with 
the  special  view  to  its  utilization  in  canal  construction  work. 

4.  He  shall  reside  on  the  Isthmus  and  devote  his  entire  time  to 
the  service,  except  when  granted  leave  of  absence  by  the  Secretary 
of  War. 


ISTHMIAN    CANAL   COMMISSION".  35 

APPOINTMENT    OF    OFFICERS. 

All  officers  and  employes  shall  be  appointed  and  their  salaries  shall 
be  fixed  by  the  head  of  the  department  in  which  they  are  engaged. 
Their  appointment  and  salary  shall  be  subject  to  the  approval  either 
of  the  Commission  or,  if  the  Commission  is  not  in  session,  of  the 
Executive  Committee.  The  employment  of  laborers,  where  the  con- 
tract of  employment  is  made  in  the  United  States  or  outside  of  the 
Isthmus,  shall  be  negotiated  and  concluded  by  the  Chairman  of  the 
Commission,  subject  to  the  approval  of  the  Executive  Committee. 
"VNTiere  the  employment  of  laborers  is  effected  upon  the  Isthmus,  it 
shall  be  conducted  under  the  supervision  of  the  Chief  Engineer,'  sub- 
ject to  the  approval  of  the  Executive  Committee. 

CONTRACTS. 

Contracts  for  the  purchase  of  supplies  or  for  construction  involving 
an  estimated  expenditure  exceeding  $10,000  shall  only  be  made  after 
due  public  advertisement  in  newspapers  of  general  circulation,  and 
shall  be  awarded  to  the  lowest  responsible  bidder,  except  in  case  of 
emergency,  when,  with  the  approval  of  the  Secretary  of  War,  adver- 
tising may  be  dispensed  with.  In  the  making  of  contracts  for  supplies 
or  construction  involving  an  estimated  expenditure  of  more  than 
$1,000  or  less  than  $10,000,  competitive  bids  should  be  secured  by 
invitation  or  advertisement  whenever  practicable. 

As  soon  as  practicable  after  the  date  of  this  order,  the  Isthmian. 
Canal  Commission,  as  hereafter  constituted,  shall  hold  a  session  in  the 
city  of  Washington  for  the  general  purpose  of  reorganization  under 
this  order,  and  for  the  special  purpose  of  fixing  the  number  and  char- 
acter of  officers  and  emplo3^es  to  serve  in  the  city  of  Washington  in 
the  work  of  the  Commission.  The  Commission  is  especially  charged 
with  the  duty  of  maintaining  a  complete  system  of  accounts  on  the 
Isthmus,  which  shall  be  duplicated  in  Washington,  so  that  there  may 
always  be  in  Washington  the  proper  means  of  informing  the  President, 
the  Secretary  of  War  and  the  Congress  of  the  amount  of  work  done, 
the  cost  of  the  same,  the  amount  of  money  available,  the  amount  of 
money  expended,  and  the  general  financial  condition  of  the  enterprise. 

BOARD  OF  CONSULTING  ENGINEERS. 

There  will  hereafter  be  appointed  by  the  President,  nine  civil  engi- 
neers of  the  highest  standing,  having  experience  in  works  of  canal 
construction  and  hydraulics,  to  constitute  a  Board  of  Consulting 
Engineers,  to  which  wdll  be  submitted  by  the  Isthmian  Canal  Com- 
mission, for  its  consideration  and  advice,  the  important  engineering 
questions  arismg  in  the  selection  of  the  best  plan  for  the  construction 
of  the  canal.     The  recommendation  of  the  Board  of  Consulting  Engi- 


36  EXECUTIVE   ORDERS. 

neers  shall  be  considered  by  the  Isthmian  Canal  Commission,  and, 
with  the  recommendations  of  the  Commission,  shall  finally  be  sub- 
mitted, through  the  Secretary  of  War,  to  the  President  for  his  decision. 

REPORTS. 

The  executive  officers  of  the  Commission  shall  make  dupficate 
reports  upon  the  work  and  operation  of  their  respective  departments 
to  the  Secretary  of  War  and  the  Isthmian  Canal  Commission  from 
time  to  time,  and  as  often  as  may  be  required  by  the  Secretary  of  War 
or  the  Chairman  of  the  Commission. 

The  Secretary  of  War  will  make  to  the  President  a  report  at  least 
annually,  and  as  often  as  he  may  deem  advisable  or  the  President  may 
require. 

All  executive  orders  relating  to  the  subject  of  the  Panama  Canal, 
except  so  far  as  they  may  be  inconsistent  with  the  present  order, 
remain  in  force. 

Theodore  P.  Shonts  is  hereby  appointed  a  member  of  the  Isthmian 
Canal  Commission,  and  its  Chairman;  Charles  E.  Magoon  is  hereby 
appointed  a  member  of  the  Commission  and  Governor  of  the  Canal 
Zone;  the  appointment  as  Governor  shall  take  effect  upon  the  date 
of  his  arrival  on  the  Isthmus,  and  the  resignation  of  the  present 
incumbent  of  said  office  shall  thereupon  take  effect;  John  F.  Wallace 
is  hereby  appointed  member  of  the  Commission  and  Chief  Engineer; 
Rear-Admiral  i\Iordecai  T.  Endicott,  U.  S.  N. ;  Brigadier-General  Peter 
C.  Hains,  U.  S.  A.  (retired);  Colonel  Oswald  H.  Ernst,  Corps  of 
Engineers,  U.  S.  A.,  and  Benjamin  M.  Harrod  are  hereby  appointed 
members  of  the  Isthmian  Canal  Commission. 

Theodore  Roosevelt. 


War  Department, 
Washington,  D.  C,  March  30,  1905. 

Mr.  President  :  In  the  matter  of  the  reorganization  of  the  machine 
by  which  the  Panama  Canal  is  to  be  built,  I  beg  first  to  call  your 
attention  to  the  extreme  importance  of  fixing  a  definite  plan  with 
respect  to  which  you  may  feel  reasonable  certainty,  first,  that  it  can 
be  practically  executed  and  will  result  in  a  navigable  canal,  and, 
second,  that  the  navigable  canal  will  be  the  one  best  adapted  to  the 
demands  which  may  be  made  upon  it  by  the  commerce  of  the  world. 

The  Act  of  Congress  evidently  contemplates  a  canal  with  locks,  the 
cost  of  which  shall  be  in  the  neighborhood  of  $200,000,000,  includ- 
ing the  money  already  expended.  It  is  quite  within  the  bounds  of 
possibility  that  the  best  form  of  canal  will  be  a  sea-level  canal,  with 
a  tidal  lock  only,  at  one  end,  and  that  the  cost  of  it  may  exceed  the 
$200,000,000  in  the  mind  of  Congress  by  at  least  $100,000,000  more. 


ISTHMIAN   CANAL.  COMMISSION.  37 

The  work  of  the  engineering  department  af  the  present  Commis- 
sion has  been  hirgely  devoted  to  obtaining  the  data  upon  which  the 
plan  of  the  canal  must  be  determined.  These  data  include  topo- 
graphical measurements,  borings,  the  character  of  the  soil,  the  flow 
of  water  in  the  rivers — all  stated  mth  sufficient  exactness  to  secure 
the  closest  calculations  by  experienced  engineers,  though  not  on  the 
ground.  It  is  probable  that  witliin  the  next  few  months  these  data 
will  have  been  so  fully  ascertained  by  the  Chief  Engineer,  Mr.  Wallace, 
and  his  assistants  that  they  may  be  submitted  to  a  board  of  engineers 
of  the  highest  standing  for  recommendation  as  to  the  best  plan  upon 
which  to  proceed  udth  the  work. 

It  also  has  been  made  apparent,  by  the  reports  of  Mr.  Wallace  and 
the  Commission,  that  whatever  plan  is  likely  to  be  adopted,  work  of 
excavation  and  construction  which  would  have  to  be  done  under  any 
plan  may  proceed  without  waste  of  energy  for  a  period  quite  long 
enough  to  enable  you  to  decide  which  is  the  best  plan. 

I  suggest,  therefore,  that  the  first  work  to  be  done  is  the  appoint- 
ment of  an  advisory  board  of  engineers,  say  seven  or  nine  in  number, 
to  be  selected  from  the  engineers  having  especial  knowledge  of 
hydraulic  engineering  and  canal  construction,  to  whom  shall  be  sub- 
mitted all  possible  information  with  respect  to  the  projected  Panama 
Canal,  both  that  obtained  by  the  French  engineers  before  our  pur- 
chase of  the  plant,  and  the  data  obtained  by  the  Chief  Engineer  of 
the  present  Canal  Commission,  together  with  all  projects  suggested 
for  the  solution  of  the  problem  which  the  Canal  Commission  deem 
reasonably  possible  or  practicable;  that  this  advisory  board  be 
invited  to  Washington  for  the  purpose  of  agreeing  upon  its  recommen- 
dations in  the  premises,  and  that,  if  possible,  such  recommendations 
be  made  before  the  regular  meeting  of  Congress  in  December;  that 
the  recommendations  be  submitted  to  the  Canal  Commission  as 
then  constituted  for  its  approval  or  modification,  and,  with  the 
recommendations  of  the  Canal  Commission,  be  submitted  to  the  Presi- 
dent for  his  action  and  transmission  to  Congress.  As  already  sug- 
gested, this  work  of  securing  the  best  plan  and  its  approval  by  Con- 
gress need  not  delay  in  any  way  the  preliminary  work  adapted  to  any 
possible  plan,  or  the  highly  critical  work  of  sanitation,  the  extreme 
importance  of  which  you  have  already  emphasized  in  your  previous 
instructions  to  the  Canal  Commission. 

It  is  conceded,  even  by  its  o^\^l  members,  that  the  present  commis- 
sion has  not  so  developed  itself  into  an  executive  body  as  to  give  hope 
that  it  may  be  used  successfully  as  an  instrumentality  for  carrying  on 
the  immense  executive  burden  involved  in  the  construction  of  the 
canal,  and  it  remains  for  the  President,  in  the  failure  of  Congress  to 
act,  to  reorganize  the  Commission,  both  by  change  in  personnel  and 
by  certain  instrwctions  as  to  its  internal  procedure  and  distribution 


38  EXECUTIVE   OBDEES. 

of  powers  and  authority,  to  secure  greater  rapidit}'^  and  efficiency  in 
the  doing  of  the  work. 

It  is  not  to  be  supposed  that  Congress  intended  that  the  Commis- 
sion was  personally  to  do  the  work,  or  to  come  nearer  to  the  direct 
agencies  in  doing  the  work  than  the  directory  of  a  railroad  comes  to 
the  construction  of  railroad  work,  and  we  may  assume,  therefore, 
that  it  was  quite  within  the  Congressional  intention  that  the  Commis- 
sion might,  for  convenience  and  rapidity  of  action,  after  formulating 
the  general  plan  of  work,  delegate  to  a  committee  or  committees  the 
doing  of  the  work  in  detail,  the  result  to  be  reported  subsequently,  of 
course,  to  tlie  full  Commission.  The  Commission  should,  therefore, 
appoint  an  Executive  Committee,  to  be  constituted  and  empowered 
as  hereafter  stated. 

The  actual  executive  work  must  be  divided  by  the  Commission 
into  departments.  One  department  would  naturally  be  the  Political 
Department;  that  is,  the  control  of  the  Zone,  over  which  there  should 
be  an  administrator  or,  governor,  and  to  secure  harmony  of  action, 
the  wise  policy  is  that  already  followed  of  appointing  a  member  of 
the  Commission  to  be  Governor.  This  department  should  include, 
as  it  does  now,  the  Bureau  of  Sanitation,  because  the  latter  involves 
policing  tJie  Zone  and  tlie  two  cities  of  Colon  and  Panama.  Another 
department  should  be  the  Engineering  Department,  or  department  of 
construction,  under  which  the  work  is  to  be  organized  and  actually 
done.  It  should  include  the  custody  of  supplies  and  the  care  of 
plant,  and  the  practical  operation  of  the  railroad  on  tlie  Isthmus, 
with  the  special  view  to  its  utilization  in  canal  construction.  The 
Chief  Engineer  must  be  the  head  of  this,  and  is  so  important  a  factor 
in  the  whole  enterprise  that  he  should  be  given  the  powers  and 
dignity  of  a  member  of  the  Commission  also.  Another,  and  in  many 
respects  the  most  important  department,  is  that  which  embraces 
the  functions  of  financing  the  operations  of  the  Commission,  of 
purchasing  the  supplies,  of  the  accounts  and  audits,  the  commercial 
operations  of  the  Panama  Railroad  Company  and  the  steamship 
lines,  the  general  oversight  of  the  work  and  the  duty  of  reporting 
the  progress  of  the  same  through  the  Secretary  of  War  to  the  Presi- 
dent. The  head  of  this  department  should  be  the  Chairman  of  the 
Commission.  All  subordinates  in  departments  should  be  appointed 
by  the  heads  thereof  under  those  provisions  of  the  civil  service  law 
which  may  have  been  made  ajiplicable,  and  their  salaries  fixed  by 
same  authority,  subject  to  the  approA^al  of  the  Commission,  or,  in 
the  intervals  between  the  meetings  of  the  Commission,  by  tlie  Execu- 
tive Committee. 

An  important  change  from  the  present  condition  of  affairs  should 
be  the  transfer  of  the  headquarters  of  the  Commission  from  Wash- 
ington to  the  Isthmus  of  Panama,  where  the  work  is  to  be  done.  No 
meeting  of  the  Commission  or  Executive  Committee  should  be  held 


ISTHMIAN   CANAL.  COMMISSION.  39 

out  of  the  Isthmus  except  by  express  authority  of  the  Secretary  of 
War.  The  attention  of  all  engaged  in  the  enterprise  will  thus  be  fixed 
on  the  work.  With  the  general  authority  of  the  Executive  Com- 
mittee, it  will  be  entirely  possible  for  the  work  to  proceed  unhindered 
without  more  frequent  meetings  of  the  Commission  than  once  a  quar- 
ter. The  Executive  Committee  should  have  power  to  act  while  the 
commission  is  not  in  session  in  the  purchase  of  all  supplies,  to  confirm 
all  officers  and  employes  except  heads  of  departments,  and  to  fix  their 
salaries,  and  to  make  contracts  for  construction.  The  Executive 
Committee  thus  appointed  should  keep  accurate  minutes  of  its  transac- 
tions and  submit  them  to  the  Secretary  of  War  and  the  Commission, 
which,  having  found  the  same  to  be  within  the  authority  of  the  com- 
mittee and  executed,  shall  ratify  and  confirm  them,  or,  if  unexecuted, 
may  revise  them.  Contracts  for  the  purchase  of  supplies  or  of  con- 
struction, the  estimated  cost  of  which  may  exceed  $10,000  should  be 
let  after  due  public  advertisement,  upon  plans  and  specifications 
approved  by  the  Executive  Committee  or  by  the  Commission,  unless 
with  the  approval  of  the  Secretary  of  War,  on  grounds  of  an  emer- 
gency in  a  special  case,  such  advertisement  be  dispensed  with.  In 
all  other  purchases  or  contract  involving  the  expenditure  of  more  than 
$1,000,  real  competition  should  be  invited  when  practicable.  By 
means  of  an  executive  committee  constantly  in  session  the  delays 
incident  to  awaiting  the  decision  of  a  large  body  like  the  Commission 
may  be  avoided,  while  its  examination  of  the  doings  of  the  Executive 
Committee  every  three  months,  and  its  power  to  reverse  unauthorized 
acts  and  to  revise  everytMng  not  completely  executed,  will  insure  the 
conservation  sought  by  the  establishment  of  the  larger  board. 

The  change  of  headquarters  and  power  from  Washington  to  the 
Isthmus  will  doubtless  require  a  radical  change  in  the  office  of  the  Com- 
mission in  Washington.  I  am  quite  sure  that  greater  economy  and 
more  satisfactory^  methods  of  accounting  can  be  secured  than  now 
exist.  Machineiy  for  purchase  of  supplies  and  a  force  sufficient  to 
maintain  a  duplicate  set  of  accounts  and  the  necessary  correspondence 
must,  of  course,  be  maintained  in  Washington,  but  very  little  else  is 
needed.  But  these  changes  may  be  safely  left  to  the  Commission  and 
the  Executive  Committee  as  newly  constituted. 

I  beg  to  submit  herewith  the  resignations  of  all  the  present  Canal 
Commission,  to  take  effect  at  your  pleasure. 

I  respectfully  recommend  the  appointment  of  a  new  Commission 

and  a  designation  of  the  Chairman  of  the  Commission,  the  Governor 

of  the  Zone,  and  the  Chief  Engineer,  and  the  issuing  of  an  executive 

order  embodying  the  recommendations  herein. 

Respectfully  vours, 

Wm.  H.  Taft, 

Secretary  of  War. 
The  President. 

98987—11—4 


40  EXECUTIVE   ORDERS. 


By  direction  of  the  President,  and  in  accordance  with  his  order  of 
April  1,  1905,  each  of  the  seven  members  of  the  Isthmian  Canal 
Commission  shall  be  allowed  and  paid  a  salary  of  S7,500  per  annum 
as  such  member.  In  addition  to  their  several  salaries  as  members 
of  the  Commission,  the  Chairman  of  the  Commission  shall  be  allowed 
and  paid  a  salary  of  S22,500  per  annum;  the  Chief  Engineer  shall  be 
allowed  and  paid  a  salary  of  $17,500  per  annum,  and  the  Governor 
of  the  Zone  shall  be  allowed  and  paid  a  salary  of  S10,000,  and  each  of 
said  officers  shall  be  allowed  the  use  of  a  furnished  dwelling  house  on 
the  Isthmus;  the  members  of  the  Commission  other  than  the  heads 
of  the  above-named  departments  will  be  allowed  and  paid  their  actual 
and  necessary  expenses  while  .in  attendancer  at  the  regular  or  specially 
called  meetings  of  the  Commission  held  on  the  Isthmus,  and  also  their 
actual  traveling  expenses  to  and  from  the  meetings  of  the  Commission 
on  the  Isthmus  or  at  Washington,  as  the  case  may  be;  and  the  three 
heads  of  the  departments  above  mentioned  shall  be  allowed  and  paid 
their  expenses  of  travel  w^hile  on  the  business  of  the  Commission. 

The  present  Governor  of  the  Zone,  Major-General  George  W.  Davis, 
will  be  allowed  and  paid  up  to  the  date  when  his  resignation  as 
Governor  becomes  effective,  and  notwithstanding  his  resignation  as 
a  member  of  the  Commission,  compensation  at  the  same  rate  as  he  is 
now  receiving  as  a  member  of  the  Commission  and  as  Governor  of 
the  Zone,  together  with  his  actual  and  necessar}'^  traveUng  expenses 
to  his  home  in  the  United  States. 

Wm.  H.  Taft, 

Secretary  of  IVar. 

April  3,  1905. 


At  a  meeting  of  the  Commission,  as  reorganized,  held  April  3,  1905, 
at  its  office  in  Washington,  consideration  was  given  as  to  the  best 
method  of  securing  results  in  construction  and  of  making  more  effect- 
ive the  administration  of  the  work  of  the  Commission;  and  after 
consideration,  the  Commission,  upon  its  ow^n  judgment  and  by  its 
own  conclusions,  duly  and  unanimously  adopted  the  following 
resolutions : 

Resolved: 

1.  The  Commission  shall  hold  quarterly  sessions  the  first  day  of 
January,  April,  July  and  October  of  each  year,  at  the  office  of  the 
Governor  on  the  Isthmus  of  Panama,  and  shall  continue  each  session 


ISTHMIAN    CANAL   COMMISSION.  41 

as  long  as  public  business  may  require.  Further  notice  of  such 
meetings  shall  not  be  necessary  to  their  regularity.  The  Commission 
may  hold  special  sessions  at  the  call  of  the  Chairman.  Four  members 
shall  constitute  a  quorum,  and  the  action  of  such  majority  shall  be 
the  action  of  the  Commission.  A  copy  of  the  minutes  of  each  meeting 
of  the  Commission  shall  be  immediately  forwarded  to  the  Secretary 
of  War. 

2.  For  convenience,  and  to  secure  the  uninterrupted  course  of  the 
work,  an  Executive  Committee  of  three  members  of  the  Commission 
is  hereby  appointed  by  the  Commission  to  act  in  place  of  the  Com- 
mission during  the  intervals  between  the  meetings  of  the  Commission, 
and  to  report  its  doings  in  full  to  the  Commission  at  the  next  regular 
meeting.  A  minute  of  every  transaction  of  the  Executive  Committee 
shall  be  made,  and  one  copy  of  the  minutes  shall  be  immediately  for- 
warded to  the  Secretary  of  War  and  another  transmitted  for  the 
consideration  of  the  Commission  at  its  next  meeting.  Regular  meet- 
ings of  the  Executive  Committee  shall  be  held  at  the  office  of  the 
Governor  on  the  Isthmus  of  Panama  at  10  o'clock  in  the  forenoon  on 
each  Monday  and  Wednesday  of  every  week,  and  further  notice  of 
such  meetings  shall  not  be  necessary  to  their  legality.  A  majority 
of  their  number  shall  constitute  a  quorum  for  the  transaction  of 
business  at  such  meetings.  The  action  of  such  majority  shall  be  the 
action  of  the  Executive  Committee. 

On  motion,  the  following  Commissioners  were  appointed  members 
of  the  Executive  Committee — i.  e.,  Theodore  P.  Shonts,  Charles  E. 
Magoon,  and  John  F.  Wallace. 

3.  For  convenience  of  executing  the  work  to  be  done,  there  shall 

*         . 
be  constituted  three  executive  departments: 

(a)  The  head  of  the  first  department  shall  be  the  Chairman  of  the 
Commission,  who  shall  have  direct  and  immediate  charge  of: 

1.  The  fiscal  affairs  of  the  Commission. 

2.  The  purchase  and  delivery  of  all  materials  and  supplies. 

3.  The  accounts,  bookkeeping  and  audits. 

4.  The  commercial  operations  in  the  United  States  of  the  Panama 
Railroad  and  steamship  lines. 

5.  He  shall  have  charge  of  the  general  concerns  of  the  Commission, 
subject  to  the  supervision  and  direction  of  the  Secretary  of  War,  and 
shall  perform  such  other  duties  as  may  be  placed  upon  him  from  time 
to  time  by  the  Secretary  of  War. 

(b)  The  head  of  the  second  department  shall  be  the  Governor  of 
the  Zone,  with  the  duties  and  powers  indicated  in  the  Executive 
Order  of  May  9,  1904,  which  includes,  in  general: 

1.  The  administration  and  enforcement  of  law  in  the  Zone. 

2.  All  matters  of  sanitation  within  the  Canal  Zone,  and  also  in  the 
cities  of  Panama  and  Colon  and  the  harbors,  etc.,  so  far  as  author- 


42  EXECUTIVE   ORDERS. 

ized  by  the  treaty  and  the  Executive  Orders  and  Decree  of  December 
3,  1904,  between  the  United  States  and  tlie  Republic  of  Panama 
relating  thereto. 

.3.  The  custody  of  all  supplies  needed  for  sanitary  purposes,  and 
such  construction  necessary  for  sanitary  purposes  as  may  be  assigned 
to  this  department  by  the  Commission. 

4.  Such  other  duties  as  he  may  be  charged  with  from  time  to  time 
by  the  Secretary  of  War. 

5.  He  shall  reside  on  the  Isthmus,  and  devote  his  entire  time  to 
the  service,  except  when  granted  leave  of  absence  by  the  Secretary 
of  War. 

(c)  The  head  of  the  third  department  shall  be  the  Chief  Engineer. 
He  shall  have  full  cliarge  on  the  Isthmus: 

1.  Of  all  the  actual  work  of  construction  carried  on  by  the  Com- 
mission on  the  Isthmus. 

2.  The  custody  of  all  the  supplies  and  plant  of  the  Commission 
upon  the  Isthmus  other  than  all  supplies  needed  for  sanitary  purposes. 

3.  The  practical  operation  of  the  railroad  on  the  Isthmus  with  the 
special  view  to  its  utilization  in  canal  construction  work. 

4.  He  shall  reside  on  the  Isthmus,  and  devote  his  entire  time  to 
the  service,  except  when  granted  leave  of  absence  by  the  Secretary 
of  War. 

4.  All  officers  and  employes  shall  be  appointed  and  their  sal- 
aries shall  be  fixed  by  the  head  of  the  department  in  which  they 
are  engaged.  Their  appointment  and  salary  shall  be  subject  to 
the  approval  either  of  the  Commission  or,  if  the  Commission  is 
not  in  session,  of  the  Executive  Committee.  The  employment  of 
laborers,  where  the  contract  of  employment  is  made  in  the  United 
States  or  outside  of  the  Isthmus,  shall  be  negotiated  and  con- 
cluded by  the  Chairman  of  the  Commission,  subject  to  the  ap- 
proval of  the  Executive  Committee.  Where  the  employment  of 
laborers  is  effected  upon  the  Isthmus,  it  shall  be  conducted  under 
the  supervision  of  the  Chief  Engineer,  subject  to  the  approval  of 
the  Executive  Committee.  The  Commission  shall  maintain  a  com- 
plete system  of  accounts  on  the  Isthmus,  which  shall  be  dupli- 
cated in  Washington,  so  that  there  may  always  be  in  Washington 
the  proper  means  of  informing  the  President,  the  Secretary  of 
War,  and  the  Congress  of  the  amount  of  work  done,  the  cost  of 
the  same,  the  amount  of  money  available,  the  amount  of  money 
expended,  and  the  general  financial  condition  of  the  enterprise. 

5.  Contracts  for  the  purchase  of  supplies  or  for  construction 
involving  an  estimated  expenditure  exceeding  $10,000  shall  only 
be  made  after  due  public  advertisement  in  newspapers  of  general 
circulation,  and  shall  be  awarded  to  the  lowest  responsible  bidder, 
except  in  case  of  emergency,  when,  with  the  approval  of  the 
Secretary    of   War,    advertising   may    be   dispensed    with.     In    the 


ISTHMIAN    CANAL   COMMISSION.  43 

making  of  contracts  lor  supplies  or  construction  involving  an 
estimated  expenditure  of  more  than  $1,000  and  less  than  $10,000, 
competitive  bids  should  be  secured  by  invitation  or  advertisement 
whenever  practicable. 

6.  The  executive  officers  of  the  Commission  shall  make  dupli- 
cate reports  upon  the  work  and  operation  of  their  respective  de- 
partments to  the  Secretary  of  War  and  the  Isthmian  Canal  Com- 
mission from  time  to  time  and  as  often  as  may  be  required  by  the 
Secretary  of  War  or  the  Chairman  of  the  Commission. 

Upon  further  motion  it  was  duly  and  unanimously 

Resolved,  That  the  accounts  and  financial  records  and  affairs  of 
this  Commission  as  recently  constitutetl  be  examined,  audited  and 
reported  upon  b}^  auditors  engaged  independently  of  the  existing 
office  force,  and  that  for  this  purpose  the  Public  Accountants'  Cor- 
poration, now  in  the  service  of  the  Commissiori,  be  employed  to 
make  such  examination,  audit  and  report  at  the  earliest  practicable 
date. 

Resolved,  further,  That  the  books  of  account  of  the  Commis- 
sion at  the  Panama  and  Washington  ofhces  be  promptly  balanced 
as  of  this  date,  and  that  the  books,  vouchers,  and  records  of  the 
Commission  up  to  t^is  date  be  carefully  identified  and  preseived 
for  reference  in  the  future,  but  that  the  transactions  of  the  Com- 
mission as  newly  constituted  be  not  entered  therein,  but  be  en- 
tered in  an  entirely  new  set  of  books  of  account,  and  that  the  records 
thereof  be  separately  kept  and  preserved,  so  that  the  proceedings 
of  the  Commission  as  constituted  can  be  readily  and  conveniently 
distinguished  and  accounted  for  independently  of  each  administra- 
tion; and  the  Secretary  is  directed  to  transmit  copies  of  this  reso- 
lution to  the  heads  of  departments  for  their  information  and  guidance. 

Resolved,  further.  That  the  Chairman  be  and  he  is  hereby  author- 
ized and  directed  to  cause  to  be  inaugurated  a  system  of  book- 
keeping, accounting  and  reports  by  which  most  conveniently,  accu- 
rately and  intelligibly  the  operations  of  the  Commission  can  be  noted 
and  considered,  both  as  respects  this  Commission  itself  and  the* 
authorities  to  which  it  is  directly  accountable — the  President,  the 
Congress,  and  the  Secretary  of  War;  and  for  this  purpose  he  is  author- 
ized to  employ  such  person  or  persons  and  incur  such  expenses  as 
he  may  deem  advisable  to  accomplish  the  purpose. 

The  Commission  considered  the  subject  of  Ofhce  Organization 
in  Washington,  in  view-  of  the  resolutions  adopted  at  this  meeting, 
and  the  concentration  of  practical  work  more  largely  upon  the 
Isthmus. 

Thereupon  it  was  duly  and  unanimously 

Resolved,  (1)  That,  so  far  as  practicable,  the  work  of  the  Com- 
mission be  concentrated  on  the  Isthmus  of  Panama,  and  that  the 
Washington    ofhce    be    conducted    upon    this    basis;  and    that    the 


44  EXECUTIVE   OBDEBS. 

Commission  promptly  proceed  in  the  examination  and  considera- 
tion of  the  present  organization  and  personnel  thereof  in  the  Wash- 
ington ofiice  for  action  of  the  Commission  in  due  course. 

Resolved,  (2)  That,  for  greater  effectiveness  in  the  administra- 
tive work  of  the  Commission,  there  is  hereby  established  at  Wash- 
ington an  ''Office  of  Administration"  for  the  conduct  of  such  opera- 
tions as  the  Commission  may,  from  time  to  time,  determine  to 
there  conduct,  and  which  shall  include: 

Records  concerning  all  purchases  and  delivery  of  material  and 
supplies  (including  commissary  stores). 

Fiscal  affairs. 

General  books  of  account,  containing  details  of  all  transactions 
of  the  Commission  in  the  United  States  and  adequate  summar}?^  of 
all  other  accounts  on  the  Isthmus.  Duplicate  accounts  in  sum- 
mary being  regularly  transmitted  from  the  Isthmus  to  the  Wash- 
ington ofiice;  vouchers  and  contracts  to  be  taken  in  sufficient  number 
in  original  to  at  all  times  furnish  to  the  office  at  Washington  a  complete 
and  original  set  thereof. 

General  auditing  and  accounting. 

Correspondence  of  the  Commission  in  the  United  States. 

Orders  and  directions  from  the  President  and  the  Secretary  of  War. 

Engineering  reports  and  plans. 

Reports  from  officials  and  committees  of  the  Commission. 

Reports  of  the  Commission  and  its  officers  and  committees  to 
the  Secretary  of  War,  the  President,  and  Congress. 


ISTHMIAN    CANAL   COMMISSION.  45 


Wak  Department, 

Washington,  Aj)ril  18,  1905. 
By  order  of  the  President,  Dr.  H.  R.  Carter,  Assistant  Chief 
Sanitary  Oflicer,  and  Mr.  Eugene  C.  Tobey,  Chief  of  the  Accounts 
and  Material  Departments,  are  hereby  appointed  as  members  of  the 
joint  commission  provided  for  by  Articles  VI  and  XV  of  the  Canal 
Convention  of  February  26,  1904,  vice  Mr.  Thomas  W.  Gaff  and 
Dr.  C.  A.  L.  Reed  resigned. 

Wm.  H.  Taft, 

Secretary  of  War. 


46  EXECUTIVE   ORDERS. 


War  Department, 

Washington,  April  24,  1905. 
There  is  hereby  appropriated  from  the  funds  of  tlie  Government 
of  the  Canal  Zone,  Isthmus  of  Panama,  deposited  in  the  Treasury 
of  said  Government,  the  sum  of  Five  Hundred  doHars  ($500)  gold, 
to  be  expended  upon  the  order  of  the  Governor  of  the  Canal  Zone, 
in  payment  of  contingent  expenses  of  said  Government.  The  Gov- 
ment  shall  report  the  disbursements  made  from  this  fund  to  the 
Secretary  of  War. 

Wm.  H.  Taft, 

Secretary  of  War. 


ISTHMIAN   CAXAL   COMMISSIOIsr.  47 


War  Department, 

Washington,  May  31,  1905. 

By  direction  of  the  President,  and  amendatory  to  the  order  of  the 
Secretary  of  War  of  April  3,  1905,  fixing  the  salaries  and  compensa- 
tion of  the  members  of  the  Isthmian  Canal  Commission,  the  Gov- 
ernor of  the  Zone  and  the  Chief  Engineer,  members  of  the  Executive 
Committee  of  the  Isthmian  Canal  Commission,  will  be  allowed  and 
paid  their  actual  and  necessary  expenses  while  awa}^  from  the  Isth- 
mus of  Panama  on  the  official  business  of  the  Commission. 

The  Chairman  until  further  orders  will  be  allowed  and  paid  his 
actual  and  necessary  expenses  W'hile  away  from  Wasliington  on 
official  business. 

This  ruling  shall  be  effective  as  of  the  date  of  the  original  order, 
April  3,  1905,  so  amended. 

Wm.  H.  Taft, 

Secretary  of  War. 


48  EXECUTIVE   OKDEBS. 


The  Provisions  of  the  Civil  Service  rules  are  waived  to  permit  the 
following  appointments  in  the  Isthmian  Canal  Service : 

Silas  W.  Lupton  as  assistant  purchasing  and  shipping  agent  at 
New  Orleans,  Louisiana,  from  March  1,  1905;  Fred  R.  Parke  as 
assistant  shipping  agent  at  Washington,  D.  C,  from  March  27,  1905; 
E.  S.  Rockwell  as  auditing  clerk  in  the  General  Auditor's  Office  at 
Wasliington,  D.  C;  William  K.  West  as  accountant  in  the  General 
Auditor's  Office  at  Wasliington,  D.  C,  by  transfer  from  the  Auditor's 
Office  on  the  Isthmus  of  Panama;  Paul  C.  Norris  as  clerk.  Office  of 
Administration  at  Washington,  D.  C,  by  transfer  from  the  Engi- 
neering Department  on  the  Isthmus  of  Panama. 

T.  Roosevelt. 

The  White  House,  June  S,  1905. 


ISTHMIAN   CANAL,   COMMISSION.  49 

It  is  hereby  ordered  that  a  Board  of  Consulting  Engineers  con- 
sisting of: 

General  George  W.  Davis, 

Mr.  Alfred  Noble, 

Mr.  William  Barclay  Parsons, 

Mr.  Wilham  H.  Burr, 

General  Henry  L.  Abbot, 

Mr.  Frederick  P.  Stearns, 

Mr.  Joseph  Ripley, 

Mr.  Herman  Schussler, 

Mr.  Isham  Randolph, 

Mr.  Henry  Hunter,  nominated  by  the  British  Government, 

Herr  Eugen  Tincauzer,  nominated  by  the  German  Government, 

M.  — —  Guerard,  nominated  by  the  French  Government, 

M. Quellennec,  Consulting  Engineer,  Suez  Canal, 

and  one  engineer  to  be  designated  by  the  Government  of  The 
Netherlands, 
shall  convene  in  the  City  of  Washington,  at  the  rooms  of  the  Isthmian 
Canal  Commision,  on  the  first  day  of  September,  nineteen  hundred 
and  five,  for  the  purpose  of  considering  the  various  plans  proposed 
to  and  by  the  Isthmian  Canal  Commission  for  the  construction  of  a 
Canal  across  the  Isthmus  of  Panama  between  Cristobal  and  La  Boca; 
and  that  the  deliberations  of  the  Board  of  Consulting  Engineers  shall 
continue  as  long  as  they  may  deem  it  necessary  and  wise  before  they 
make  their  report  to  the  Commission. 

The  Isthmian  Canal  Commission  is  directed  to  have  all  the  pro- 
posed plans  in  such  detailed  form,  with  maps,  surveys,  and  other 
documents  sufficient  to  enable  the  Consulting  Engineers  to  consider 
and  decide  the  questions  presented  to  them.  Should  it  be  deemed 
necessary  by  the  members  of  the  Consulting  Board,  they  may  visit  the 
Isthmus  before  making  their  final  report.  If  there  is  a  difference  of 
opinion  between  the  members  of  the  Consulting  Board,  minority 
reports  are  requested. 

General  George  W.  Davis  is  hereby  designated  as  Chairman  of  the 
Board  of  Consulting  Engineers.  Instructions  more  detailed  will  be 
given  in  time  to  be  presented  to  the  Board  when  it  first  convenes  on 
the  first  of  September. 

The  Chairman  is  charged  with  the  duty  of  communicating  to  the 
other  members  of  the  board  this  order  and  the  other  details  that  may 
be  necessary. 

Theodore  Roosevelt. 
The  White  House,  June  24,  1905. 


50  EXECUTIVE   ORDERS. 


It  is  ordered  that  Mr.  Joseph  L.  Bristow,  appointed  Special  Panama 
Railroad  Commissioner  by  Executive  Order  dated  January  13,  1905, 
be  allowed  until  August  15,  1905,  to  complete  the  details  in  connec- 
tion with,  his  report,  and  will  be  paid  liis  actual  expenses  and  S15  per 
day  up  to  that  time.  In  addition  he  will  be  allowed  an  extra  com- 
pensation of  $2,500.  The  Isthmian  Canal  Commission  is  directed  to 
provide  the  funds  needed  in  the  execution  of  tliis  order. 

Theodore  Roosevelt. 

The  White  House,  July  15,  1905. 


ISTHMIAN   CANAL   COMMISSION.  51 


It  is  ordered  that  each  member  of  the  Advisory  Board  of  Engineers 
upon  plans  of  the  Panama  Canal  shall  be  allowed  $5,000  pa3^able 
upon  the  completion  of  the  report  of  the  Board.  In  addition  thereto 
he  shall  when  on  duty  with  the  Board  be  allowed  $15  per  day  for 
personal  expenses  from  the  date  of  leaving  liis  home  until  his  return 
thereto  including  Sundays  and  holidaj^s.  He  shall  also  be  allowed 
the  actual  cost  of  transportion  incurred  by  him  in  travel  on  duty  in 
connection  with  the  Board  to  include  cost  of  ticket  by  railway  or 
steamer,  sleeping  or  parlor  car  accommodations,  baggage  transfer, 
cabs  and  porterage. 

It  is  further  ordered  that  the  allowances  of  $5,000  to  General 
Davis  and  General  Abbot  shall  be  increased  by  the  amount  of  their 
retired  pay  for  the  time  during  which  they  are  employed  upon  the 
work  of  the  Board,  it  being  my  intention  that  those  members  of  the 
Board  shall  receive  the  same  compensation  for  tliis  work  as  the  other 
members  and  this  increase  being  made  to  provide  for  the  usual  deduc- 
tion of  retired  officers'  pay. 

Theodore  Roosevelt. 

Oyster  Bay,  August  31,  1905. 


52  EXECUTIVE   ORDERS. 


The  Procedure  required  by  Civil-Service  Rule  XII,  clause  2,  need 
not  be  observed  in  removals  of  officers  or  employees  serving  on  the 
Isthmus  of  Panama.  In  such  removals,  however,  the  reasons  there- 
for shall  be  made  a  part  of  the  records  of  the  Oflice  of  Administration, 
Isthmian  Canal  Affairs,  and  the  Civil  Service  Commission  shall  upon 
request  be  furnished  with  copies  or  the  originals  thereof. 

T.  Roosevelt. 

The  White  House,  September  8,  1905. 


isthmian  canal  commission.  53 

An  Order  Reciting  Executive  Order  of  the  President  of 
THE  United  States,  Requiring  an  Accounting  System  for 
THE  Government  of  the  Canal  Zone,  Isthmus  of  Panama, 
Prescribed  with  the  Concurrence  and  Approval  of  the 
Secretary  of  War  First  Had,  Rules  and  Instructions  Rela- 
tive TO  the  Accounting  System  of  the  Government  of  the 
Canal  Zone,  Isthmus  of  Panama. 

Wliereas,  The  President  of  the  United  States  upon  April  1,  1905, 
signed  the  following  Executive  Order: 

"The  White  House, 
"  Washington,  D.  C,  April  1,  1905. 

"The  Commission  is  especially  charged  with  the  duty  of  main- 
taining a  complete  system  of  accounts  on  the  Isthmus,  which  shall 
be  dupUcated  in  Washington,  so  that  there  may  always  be  in  Wash- 
ington the  proper  means  of  informing  the  President,  the  Secretary 
of  War,  and  the  Congress,  of  the  amount  of  work  done,  the  cost  of 
same,  the  amount  of  money  available,  the  amount  of  money  expended, 
and  the  general  financial  condition  of  the  enterprise." 

Now,  therefore,  by  the  authority  of  the  President  of  the  United 
States,  and  with  the  concurrence  and  approval  of  the  Secretary 
of  War  first  had,  be  it  ordered  by  the  Isthmian  Canal  Commission 
that : 

Section  1.  The  follo%ving  rules  and  regulations  shall  apply  to  the 
accounting  system  of  the  Government  of  the  Canal  Zone,  and  shall 
take  effect  and  be  in  force  July  1,  1905. 

RULES  AND  INSTRUCTIONS  RELATIVE  TO  THE  ACCOUNTING  SYSTEM 
OF  THE  GOVERNMENT  OF  THE  CANAL  ZONE,  ISTHMUS  OF 
PANAMA. 

THE    GENERAL    AUDITOR. 

Rule  1.  Pursuant  to  the  provisions  of  section  10,  Act  No.  8,  Laws 
of  the  Canal  Zone,  the  General  Auditor  for  the  Isthmian  Canal  Com- 
mission and  his  duly  authorized  deputies  shall  receive,  examine  and 
settle  all  accounts  pertaining  to  the  revenues  and  receipts  derived 
from  the  Canal  Zone  and  expenditures  paid  therefrom,  and  certify 
the  balances  thereon  to  the  Governor  of  the  Canal  Zone,  and  shall 
preserve  the  accounts  and  vouchers  after  settlement. 

THE    local    auditor. 

Rule  2.  In  accordance  with  the  Circular  No.  15  of  the  Executive 
Committee  of  this  Commission,  and  in  further  pursuance  of  section 
10,  Act  No.  8,  Laws  of  the  Canal  Zone,  the  Local  Auditor  in  charge 


54  EXECUTIVE   ORDEES. 

of  the  accounts  of  the  Istlimian  Canal  Commission,  located  on  the 
Isthmus  of  Panama,  sliall  thsciiarge  the  duties  and  ])eiform  the 
services  of  tlie  Auditor  for  the  Government  of  tlie  Canal  Zone,  and 
the  acts  of  the  Local  Auditor,  consistent  with  the  prescribed  regula- 
tions of  tlie  General  Auditor,  shall  be  binding  u})on  the  General 
Auditor  until  revoked  or  disapproved  b}^  overt  act  of  the  (leneral 
Auditor. 

THE    CHIEF   CLERK. 

Rule  3.  There  sliall  be  a])pointed  bj'"  the  Auditor,  with  thea])proval 
of  the  Isthmian  Canal  Commission,  a  Chief  Clerk,  who  shall  sign  in 
the  name  of  the  Auditor  such  official  })apers  as  the  Auditor  may  desig- 
nate, and  perform  such  other  duties  as  the  Auditor  may  prescribe. 
He  shall  have  cliarge  of  the  Bureau  as  Acting  Auditor  in  case  of 
death,  resignation,  sickness  or  other  absence  of  the  Auditor  until  his 
successor  is  appointed. 

ACCOUNTS  OF  TREASURY  DEPOSITS  AND  WITHDRAWALS. 

Rule  4.  The  expenditure  of  moneys  received  through  Canal  Zone 
revenue  shall  be  made  on  properly  prepared  and  approved  vouchers, 
approved  for  payment  to  be  made  by  the  Governor. 

Rule  5.  All  receipts  issued  by  the  Treasurer  for  deposits  with  the 
Treasurer  shall  be  in  duplicate  and  shall  be  countersignetl  by  the 
Auditor.  AVhen  so  countersigned,  one  receipt  in  every  case  shall  be 
retained  in  the  office  of  the  Auditor  and  the  other  shall  be  delivered 
or  transmitted  by  the  Auditor  to  the  person  by  whom  the  payment 
was  made,  after  the  same  has  been  duly  registered  in  all  its  particulars 
under  proper  headings. 

Rule  6.  Tlie  receipts  retained  by  the  Auditor  wdll  constitute 
the  necessary  check  in  his  examination  and  settlement  of  the  accounts 
of  the  Treasurer  as  the  authority  for  charging  the  Treasurer  with 
moneys  received,  and  such  receipts  will  be  filed  in  the  office  of  the 
Auditor  witli  the  accounts  in  which  the  credit  is  taken. 

Rule  7.  Vouchers  paid  by  the  Treasurer  with  the  proper  evidence 
of  pajnnent — which  shall  be  the  proper  receipt  of  the  payee  thereon — 
shall  constitute  the  vouchers  upon  which  the  Treasurer  shall  receive 
credit  for  payments  made,  and  after  the  settlement  of  the  accounts 
of  the  Treasurer  by  the  Auditor,  the  vouchers  shall  be  filed  therewith. 

Rule  8.  The  Auditor  shall  prescribe  the  forms  for  keeping  and 
rendering  all  accounts  subject  to  his  examination  and  settlement,  and 
issue  all  necessary  instructions  to  the  officers  and  agents  rendering 
such  accounts. 

Rule  9.  And  in  case  any  officer  or  agent  whose  duty  it  is  to  collect 
and  receive  moneys  arismg  from  the  revenues  of  the  Canal  Zone,  of 
whatever  kind,  and  to  make  disbursements  of  such  moneys  for  any 
purpose,  shall  fail  to  render  complete  accounts  of  such  receipts  and 


ISTHMIAN    CANAL   COMMISSION.  55 

disbursements  to  the  Auditor,  or  to  transmit  the  same  within  five 
days  after  the  expiration  of  the  month  to  which  they  pertain,  or  shall 
neglect  to  render  the  same  when  requested  so  to  do,  it  shall  be  the 
duty  of  the  Auditor  forthwith  to  report  such  case  to  the  Governor 
for  proper  action. 

Rule  10.  There  shall  be  in  the  office  of  the  Auditor  a  Division  of 
Bookkeeping  in  which  shall  be  kept  proper  books  of  entry  and  ledgers 
for  recording  the  general  accounts  of  the  receipts  and  expenditures 
pertaining  to  the  revenues  of  the  Zone,  and  the  personal  accounts  of 
agents  and  officers  authorized  to  collect  the  same  and  the  disburse- 
ment of  moneys  by  the  Treasurer  upon  vouchers  as  herein  provided, 
and  of  all  other  accounts  or  claims  allowed  and  certified  by  the  Audi- 
tor, including  accounts  of  appropriation.  The  system  of  bookkeeping 
adopted  by  the  Auditor  shall  be  a  double-entry  system. 

Rule  11.  The  receipts  issued  by  the  Treasurer  for  moneys  received 
on  deposit,  before  being  countersigned  by  the  Auditor,  shall  be  entered 
in  a  Ledger  of  Treasury  Receipts  as  funds  deposited,  as  Postal  Re- 
ceipts, Internal  Revenue  Receipts,  Miscellaneous  Receipts,  or  as 
Payments  or  Repayments  to  appropriations,  or  any  subheading  of 
these  classes  of  deposits  as  may  seem  proper,  respectively,  and  in 
making  such  entries  from  the  Treasury  receipts,  the  number  and  date 
of  the  receipt  and  the  name  and  official  designation,  if  any,  of  the 
person  by  whom  the  deposit  was  made,  shall  be  noted.  These  funds 
shall  thereupon  be  treated  as  one  fund,  known  as  the  general  fund 
from  which  all  appropriations  from  "moneys  in  the  Treasury  not 
otherwise  appropriated"  shall  be  made. 

Rule  12.  All  vouchers  shall  be  charged  against  the  available  fund 
and  against  the  account  of  the  services  and  appropriation  for  which 
such  voucher  is  drawn,  and  in  making  such  debit  entries  the  number 
and  date  of  the  voucher  and  the  name  of  the  person,  with  official 
designation,  if  any,  to  whom  paid,  shall  be  noted.  The  Auditor 
shall  so  keep  his  record  as  to  be  able  to  show  at  any  time  the  amount 
of  money  disbursed  on  account  of  any  appropriation,  as  shown  by 
the  voucher  issued  and  by  the  accounts  as  audited. 

REVENUE  ACCOUJSfTS. 

Rule  13.  All  officers  or  agents  authorized  to  receive  and  collect 
moneys  arising  from  the  revenues  of  the  Canal  Zone,  of  whatsoever 
kind,  shall  be  required  to  pay  the  full  amounts  received  and  col- 
lected by  them  respectively,  to  the  Treasurer,  and  to  render  to  the 
Auditor  monthly  accounts  therefor  within  five  days  after  the  expira- 
tion of  the  month  to  which  they  pertain,  accompanied  by  proper 
itemized  and  certified  statements  and  returns  of  the  revenues  col- 
lected, showing  when,  by  whom  and  on  what  account  collected. 
98987—11 5 


56  EXECUTIVE   OEDEKS. 

.  Rule  14.  In  the  rendition  of  such  revenue  accounts  the  officers  or  , 
agents  will  charge  themselves  with  all  revenues  received  and  col- 
lected during  the  period  covered  by  the  account,  and  take  credit  for 
the  amounts  paid  to  the  Treasurer  as  shown  by  the  duplicate  receipts 
in  their  possession  and  countersigned  by  the  Auditor,  the  number  and 
date  of  such  receipts  being  noted  in  tlie  entries  of  amounts  paid  to  the 
Treasurer.  These  duplicate  receipts  will  be  retained  by  the  officer 
or  agent  claiming  credit  therefor. 

Rule  15.  In  the  audit  of  such  revenue  accounts  the  Auditor  shall 
compare  and  check  the  Treasury  receipts  of  record  in  his  office  with 
the  corresponding  entries  in  the  account  of  the  officer  or  agent  as 
rendered,  making  proper  notation  in  the  Treasurer's  account  of  the 
counter  credit  to  the  depositor. 

Rule  16.  All  revenue  accounts  shall  be  rendered  and  kept  sepa- 
rately under  the  appropriate  funds  or  heads  of  account  to  which 
the}''  respectively  pertain;  that  is,  all  revenues  arising  in  the  Depart- 
ment of  Post  Offices  under  the  head  of  Postal  Receipts;  all  revenues 
derived  from  internal  taxes  and  duties,  shall  be  entered  under  the  head 
of  Internal  Revenue  Receipts;  all  revenues  from  other  sources  under 
the  head  of  Miscellaneous  Receipts ;  and  all  refunds  for  overpayment 
under  the  heading  of  Repayments. 

Rule  17.  All  officers  or  agents  of  the  Government  of  the  Canal 
Zone  whose  duty  it  is  to  collect  and  receive  revenues  or  other  moneys 
and  deposit  the  same  in  the  Treasury  shall  make  deposits  or  remit- 
tances of  same,  regardless  of  the  amount  received  or  collected,  as 
often  as  once  a  month,  where  safe  and  possible,  and  if  there  is  no 
opportunity  for  such  remittance  witliin  the  month,  as  soon  as  possible 
thereafter,  and  a  deposit  shall  ])e  made  in  every  case  as  soon  as 
possible  where  the  revenues  or  moneys  in  the  hands  of  any  officer  or 
agent  amount  to  two  hundred  dollars.  United  States  Currency,  or  its 
equivalent  in  local  currency:  Provided,  That  no  such  officer  or  agent 
shall  be  required  to  make  a  de})osit  oftener  than  once  a  day,  and 
provided  further,  That  postmasters  who  are  authorized  to  issue  and 
pay  money  orders  shall  remit  1)}^  registered  mail  to  their  designated 
depositary  all  sums  received  by  them  from  sale  of  money  orders  in 
excess  of  their  authorized  reserve  or  the  amount  of  the  ad\aces  of 
unpaid  orders  on  hand  less  than  two  weeks,  such  remittances  to  be 
made  with  each  and  every  mail  dispatch  from  their  respective  offices 
which  may  conve}"  mail  to  the  Treasurer. 

Rule  18.  Claims  of  officers  or  agents  whose  duty  it  is  to  collect 
or  account  for  public  money,  for  losses  of  funds  in  transit,  b}^  fire, 
burglary  or  other  unavoidable  casualt}',  shall  be  submitted  to  the 
Auditor  within  one  month  after  such  loss  occurs,  with  all  the  evidence 
in  the  case,  immediate  advice  of  the  fact  to  be  sent  to  the  Auditor 
pending  forwarding  of  complete  report.     If  the  Auditor  shall  find 


ISTHMIAN    CANAL   COMMISSION.  57 

that  the  said  funds  were  properly  in  the  hands  of  such  officer  or 
agent,  or  properly  remitted,  or  that  the  loss  resulted  through  no 
fault  of  said  officer  or  agent,  he  may  with  the  written  consent  of  the 
Governor,  credit  the  account  of  such  officer  with  the  loss;  Provided, 
That  in  no  case  shall  a  credit  in  excess  of  one  thousand  dollars  be  given 
in  tliis  manner.  Claims  for  losses  in  excess  of  one  thousand  dollars 
shall  be  submitted  through  the  Auditor  and  Governor  for  relief  by 
action  of  the  Isthmian  Canal  Commission. 

Rule  19.  The  Auditor  may  with  the  written  consent  of  the  Gov- 
ernor mitigate,  remit,  remove,  compromise,  release  or  discharge  any 
liability,  in  whole  or  in  part,  to  the  Government,  in  any  matter  before 
him,  when,  in  his  judgment,  the  interests  of  the  Government  seem  to 
require  it,  subject  to  such  restrictions  as  may  be  provided  by  law. 

Rule.  20.  The  Auditor  shall  supervise  the  collection  of  all  debts 
due  the  Government  of  the  Canal  Zone  through  the  usual  civil  or 
judiciary  channels,  and  institute  all  such  measures  as  may  be  author- 
ized by  law  to  enforce  the  payment  of  such  debts  and  recovery  of  all 
amounts  found  to  be  due  said  Government  in  connection  with  his 
settlement  and  adjustment  of  accounts. 

MONEY   ORDER   ACCOUNTS. 

Rule  21.  The  Auditor  shall  keep  the  accounts  of  the  Money  Order 
Business  separately,  and  in  such  manner  as  to  show  the  number  and 
amount  of  money  orders  issued  at  each  post  office,  and  the  number 
and  amount  paid,  and  the  fees  received.  The  Auditor  shall  certify 
quarterly  the  receipts  as  fees  from  the  sale  of  money  orders  and  require 
the  same  to  be  deposited  with  the  Treasurer  of  the  Zone  as  postal 
receipts.  Losses  of  money  order  funds  in  transit,  by  fire,  burglary, 
or  other  unavoidable  casualty  for  which  credit  may  be  given  shall  be 
deducted  from  the  fees  collected  before  the  quarterly  transfer  to  the 
depositary  of  such  fees  as  postal  receipts. 

Rule  22.  Transfers  of  money  from  postal  receipts  to  money  order 
funds  may  be  made  by  the  postmaster,  under  such  regulations  as  the 
Auditor  may  prescribe  when  his  receipts  from  the  sale  of  money  orders 
are  insufficient  to  pay  the  money  orders  drawn  upon  his  office.  Credit 
for  such  transfers  of  postal  funds  to  money  order  funds  will  be  taken 
in  the  monthly  postal  account  of  the  postmaster.  At  the  close  of 
each  quarter  all  such  transfers  of  funds  from  postal  to  money  order 
accounts  shall  be  deposited  by  the  Director  of  Posts,  or  other  officer 
in  charge  of  postal  affairs,  with  the  Treasurer  of  the  Zone,  as  revenues 
for  the  service  of  the  Division  of  Posts  upon  certification  of  the 
Auditor  of  the  amount  of  such  funds  to  be  so  deposited. 

Rule  22 J.  The  Treasurer  of  the  Canal  Zone  shall  be  required  to 
keep  an  account  of  money  order  funds  deposited  by  postmasters  with 
him  to  the  credit  of  the  Director  of  Posts,  subject  to  his  official  draft, 


58  EXECUTIVE   ORDERS. 

when  countersigned  by  the  Local  Auditor,  drawn  for  needful  advances 
to  postmasters  of  funds  with  which  to  pay  money  orders  lawfully 
drawn  upon  them,  and  it  shall  be  the  duty  of  all  postmasters  to  make 
prompt  remittances  to  the  Treasurer  of  the  Zone  of  all  money  order 
funds  includino;  all  fees  thereon,  in  their  hands,  not  needed  to  meet 
drafts  of  which  they  have  notice,  the  same  to  be  deposited  to  the 
credit  of  the  Director  of  Posts  as  money  order  funds. 

JURISDICTION    OF   THE    AUDITOR. 

Rule  23.  The  jurisdiction  of  the  Auditor  for  the  Canal  Zone  over 
accounts  and  all  vouchers  pertaining  thereto,  shall  be  exclusive.  His 
decision  shall  be  final  and  conclusive  upon  administrative  branches  of 
the  Government,  except  that  appeals  thereon  may  be  taken  by  the 
party  aggrieved  or  the  head  of  the  department  concerned  within  one 
year,  in  the  manner  prescribetl  in  Rule  36.  The  Auditor  for  the  Zone 
shall,  except  as  herein  otherwise  provided,  have  like  authority  as  that 
conferred  by  law  upon  the  several  auditors  of  the  United  States  and 
the  Comptroller  of  the  United  States  Treasury,  and  is  authorized  to 
communicate  dil-ectly  with  any  person  or  officer  having  claims  before 
him  for  settlement,  or  with,  any  officer  or  department  having  official 
relations  with  his  office. 

REPORTS. 

RuTvE  24.  The  Auditor  shall  forward  to  the  Secretary  of  War,  not 
later  than  ten  days  after  the  expiration  of  each  month,  a  full  and 
complete  report  of  all  money  received  by  the  Treasurer  during  the 
preceding  month,  as  shown  by  the  entries  made  from  the  Treasury 
receipts  retained  in  the  Auditor's  office;  a  statement  of  all  payment 
of  moneys  made  on  vouchers  during  the  preceding  month,  and  an 
itemized  statement  of  all  other  accounts  covering  receipts,  disburse- 
ments and  expenditures  audited  during  the  preceding  month. 

DEPOSITARY    OF    CANAL    ZONE. 

Rule  25.  The  Treasurer  of  the  Canal  Zone  shall  keep  a  properly 
detailed  account  in  permanent  books  of  record  of  moneys  received  by 
him,  which  shall  be  entered  under  appropriate  heads,  with  the  name 
of  the  agents,  officers  and  persons  from  whom  received,  and  the  dates 
of  receipt. 

Rule  26.  All  moneys  received  by  the  Treasurer  shall  be  credited, 
respectively,  as  deposits  on  account  of  post  office  receipts,  as  deposits 
on  account  of  internal  revenue  receipts,  on  account  of  miscellaneous 
receipts,  in  accordance  with  the  invoice  accompanying  the  fund,  wliich 
in  all  cases  shall  indicate  the  proper  heading  or  classification  under 
wliich  the  fund  shall  be  credited. 


ISTHMIAN    CANAL   COMMISSION".  59 

Rule  27.  The  accounts  of  the  Treasurer  and  of  ah  officers  and 
agents  of  the  Canal  Zone  shall  be  kept  in  the  money  in  which  it  is 
received  and  disbursed,  but  in  all  reports  to  the  Secretary  of  War  the 
amounts  therein  shall  be  stated  in  the  money  of  the  United  States  at 
the  authorized  rate  of  conversion. 

Rule  28.  The  Treasurer  shall  issue  receipts  in  duplicate  for  all 
moneys  received,  which  shall  be  numbered  consecutively,  and  shall 
bear  the  date  upon  which  the  deposit  is  actually  made,  and  show 
from  whom  and  what  account  received,  and  the  amounts  in  money 
of  the  United  wStates;  and  also  when  paid  in  any  foreign  coin  or  cur- 
rency, the  amounts  and  kind  of  foreign  money  in  which  payments 
are  made  shall  be  stated  upon  the  receipts  and  the  rates  at  which  the 
same  are  reduced  to  money  of  the  United  States. 

Rule  29.  All  receipts,  original  and  duplicates,  issued  bv^  the  Treas- 
urer, shall  be  registered  and  countersigned  by  the  Auditor  of  the  Zone, 
without  which  they  shall  be  invalid,  and  for  this  purpose  the  Treas- 
urer shall,  immediately  upon  issuing  each  receipt  in  duplicate,  trans- 
mit both  receipts  to  the  Auditor. 

Rule  30.  No  payment  shall  be  made  by  the  Treasurer  except  upon 
vouchers  approved  by  the  Governor  and  registered  by  the  Auditor, 
and  such  vouchers  when  paid  and  accompanied  by  proper  evidence 
of  payment,  which  shall  be  the  receipt  of  the  payee,  shall  be  the 
voucher  upon  which  the  Treasurer  shall  receive  credit  in  the  settle- 
ment of  these  accounts. 

Rule  31.  The  Treasurer  shall  render  monthly  accounts  of  the 
receipts  and  payments  for  account  of  the  Government  of  the  Canal 
Zone',  and  submit  the  same  to  the  Auditor  for  examination  and  settle- 
ment, not  later  than  ten  days  after  the  expiration  of  each  month.  In 
rendering  such  accounts  the  Treasurer  shall  charge  himself  with  all 
moneys  received  during  the  period  covered  by  the  account,  under  the 
appropriate  funds  or  heads  of  accounts. 

Rule  32.  The  Treasurer  shall  take  credit  for  all  moneys  paid  out 
and  file  with  the  account  the  vouchers  properly  canceled. 

Rule  33.  The  Treasurer  of  the  Canal  Zone  shall  give  bond  with 
sufficient  surety,  to  be  approved  by  the  Isthmian  Canal  Commission, 
for  the  faithful  performance  of  the  duties  herein  prescribed,  and  for 
the  full  payment  on  demand  of  all  balances  found  due,  in  such 
amount  as  shall  from  time  to  time  be  fixed  by  the  Commission. 

Rule  34.  The  Auditor  shall  make  semi-annually,  and  oftener  if 
deemed  expedient,  an  examination  of  the  books  and  accounts  of 
the  Treasurer  of  the  Zone,  and  also  an  examination  and  count  of 
the  moneys  in  the  hands  of  the  Treasurer,  and  such  other  pertinent 
matters  as  may  be  desirable-,  and  submit  his  receipt  thereon  to  the 
Governor  and  Secretary  of  War. 


60  EXECUTIVE   ORDERS. 

TITLE    TO    BE    OBSERVED    IN    THE    RENDITION    AND    CERTIFICATION    OF 

ACCOUNTS. 

Rule  35.  All  accounts  of  the  Treasurer  of  the  Zone  and  of  the 
various  officers  and  agents  authorized  to  collect  the  revenues,  receive 
moneys  and  make  disbursements,  and  all  other  accounts  subject  to 
examination  and  settlement  by  the  Auditor  shall  be  with  "The 
Government  of  the  Canal  Zone,"  and  all  balances  certified  by  the 
Auditor  shall  be  certified  as  due  to  or  from  said  Government,  as  the 
case  may  be. 

APPEALS  FROM  THE  ACTION  OF  THE  AUDITOR. 

Rltle  36.  Any  person  aggrieved  by  the  action  or  decision  of  the 
Auditor  in  the  settlement  of  this  account  or  claim  by  that  officer, 
may  within  one  year  take  an  appeal  in  writing  to  the  Governor, 
which  shall  specifically  set  forth  the  particular  action  of  the  Auditor 
to  which  exception  is  taken,  with  the  reasons  and  authorities  relied 
upon  for  reversing  such  action.  If  the  Governor  shall  confirm  the 
action  of  the  Auditor,  he  shall  so  endorse  the  appeal  and  transmit 
it  to  the  Auditor,  and  the  action  of  the  Auditor  shall  thereupon  be 
final  and  conclusive.  Should  the  Governor  fail  to  sustain  the  action 
of  the  Auditor,  he  shall  forthwith  report  his  ground  of  disapproval 
to  the  Secretary  of  War,  together  with  the  appeal  and  the  papers 
necessary  for  a  proper  understanding  of  the  matter.  The  decision 
of  the  Secretary  of  War  in  such  case  shall  be  final  and  conclusive. 

Rule  37.  As  soon  after  the  close  of  each  fiscal  year  as  the  accounts 
of  said  year  may  be  settled  and  adjusted,  the  Auditor  shall  submit 
to  the  Governor,  the  Isthmian  Canal  Commission  and  the  Secretary 
of  War  an  annual  report  of  the  financial  concerns  of  the  Government 
of  the  Canal  Zone,  showing  the  receipts  and  disbursements  of  the 
various  departments  of  the  said  Government  of  the  Canal  Zone,  and 
make  such  other  reports  as  may  be  required  of  him  by  the  Governor, 
the  Canal  Commission  or  the  Secretary  of  War. 

Rule  38.  The  Auditor  shall,  at  the  time  of  settlement,  send  an 
official  notification  in  writing  to  each  person  whose  accounts  have 
been  settled  in  whole  or  in  part  in  the  Auditor's  office,  stating  the 
balances  found  due  thereon  and  certified,  and  the  differences  arising 
on  such  settlement  by  reason  of  disallowances  or  suspension  made  by 
the  Auditor,  or  from  other  causes,  which  statement  or  differences 
shall  be  properly  itemized.  The  reason  for  a  disallowance  or  sus- 
pension of  credit  shall  in  all  cases  be  stated. 

Rule  39.  A  true  copy  of  all  orders  of  the  Government  of  the  Canal 
Zone  which  may  originate  a  claim  or  in  any  manner  affect  the  settle- 
ment of  any  account  shall  be  traijsmitted  to  the  Auditor  by  the  proper 
officer. 


ISTHMIAN    CANAL   COMMISSION.  61 

Rule  40.  Every  contract  under  which  a  payment  may  be  made 
shall  be  submitted  to  the  Auditor  with  the  account  to  which  such 
payment  pertains. 

Rule  41.  Wherever  the  word  "Auditor"  appears  herein  it  shall 
be  taken  to  mean  the  General  Auditor  for  the  Isthmian  Canal  Com- 
mission and  his  authorized  corps  of  deputy  auditors  or  local  auditors 
to  whom  duties  have  been  regularly  assigned. 

All  orders  of  the  Governor,  and  acts  of  the  Isthmian  Canal  Com- 
mission, or  parts  thereof,  which  are  in  conflict  with  this  order  are 
hereby  repealed. 

Approved  for  the  President. 

Wm.  H.  Taft, 

Secretary  of  War. 

November  5,  1905. 


62  EXECUTIVE   OEDEBS. 


When,  in  the  judgment  of  the  Civil  Service  Commission,  no  regis- 
ter contains  an  ehgible  having  the  special  qualifications  asked  for  by 
the  Isthmian  Canal  Commission  for  service  on  the  Isthmus  of  Panama, 
the  Civil  Service  Commission  may  allow  a  temporary  appointment, 
which  may  be  made  permanent  on  certificate  of  the  Isthmian  Canal 
Commission  that  such  action  is  required  in  the  interests  of  good 
administration. 

Theodore  Roosevelt. 

The  White  House,  November  15,  1905. 


ISTHMIAN    CANAL   COMMISSION.  63 


It  is  hereby  ordered  that  the  word  "report"  in  the  third  Kne  of 
the  executive  order  of  August  31,  1905,  providing  for  an  allowance 
of  $5,000  to  each  member  of  the  Advisory  Board  of  Engineers  upon 
plans  of  the  Panama  Canal  upon  the  completion  of  the  report  of  the 
Board,  be  changed  to  "work."  This  change  is  made  in  order  to 
permit  the  foreign  members  of  the  Board  to  receive  their  allowance 
before  returning  to  their  homes  prior  to  the  engrossing  and  signing 
of  the  completed  report. 

The  amended  order  will  read  as  follows : 

"It  is  ordered  that  each  member  of  the  Advisory  Board  of  Engi- 
neers upon  plans  of  the  Panama  Canal  shall  be  allowed  S5,000  pay- 
able upon  the  completion  of  the  work  of  the  Board.  In  addition 
thereto  he  shall  when  on  duty  with  the  Board  be  allowed  SI 5  per  day 
for  personal  expenses  from  the  date  of  leaving  his  home  until  his 
return  thereto  including  Sundays  and  Holidays.  He  shall  also  be 
allowed  the  actual  cost  of  transportation  incurred  by  him  in  travel 
on  duty  in  connection  with  the  Board  to  include  cost  of  ticket  by 
railway  or  steamer,  sleeping  or  parlor  car  accommodations,  baggage 
transfer,  cabs  and  porterage. 

"It  is  further  ordered  that  the  allowance  of  $5,000  to  General  Davis 
and  General  Abbot  shall  be  increased  by  the  amount  of  their  retired 
pay  for  the  time  during  which  they  are  employed  upon  the  work  of 
the  Board,  it  being  my  intention  that  those  members  of  the  Board 
shall  receive  the  same  compensation  for  this  work  as  the  other  mem- 
bers and  this  increase  being  made  to  provide  for  the  usual  deduction 
of  retired  officers'  pay." 

Theodore  Roosevelt. 

The  White  House,  November  25,  1905. 


64  EXECUTIVE   OEDEES. 


The  quarterly  session  of  the  Isthmian  Canal  Commission  for  the 
first  of  January,  next,  may  be  held  at  the  Office  of  the  Commission 
in  Washington,  D.  C,  instead  of  at  the  office  of  the  Governor  of  the 
Canal  Zone  on  the  Isthmus  of  Panama,  as  provided  in  Executive 
Order  of  April  1,  1905,  in  view  of  the  necessity  of  the  Commission 
for  considering  the  report  of  the  Advisory  Board  of  Engineers,  and 
the  impossibility  of  leaving  so  soon  for  the  Isthmus. 

Theodore  Roosevelt. 

The  White  House,  December  7,  1905. 


ISTHMIAN    CANAL  COMMISSION.  66 


Miss  Anna  F.  McCormick  may  be  permanently  appointed  to  a 
position  in  the  office  of  the  Isthmian  Canal  Commission  where  she 
is  at  present  temporarily  employed. 

T.  Roosevelt. 

The  White  House,  December  18,  1905. 


66  EXECUTIVE   ORDEES. 


Mr.  Ralph  Whitman  may  be  permanently  appointed  to  the  position 
of  Engineer  Draftsman  in  the  Office  of  the  Isthmian  Canal  Commis- 
sion, where  he  is  at  present  temporarily  employed. 

T.  Roosevelt. 

The  White  House,  January,  8,  1906. 


ISTHMIAN   CANAL.  COMMISSION.  6T 


Executive  Order  of  November  15,  1905,  as  to  appointments  to 
positions  in  the  service  of  the  Isthmian  Canal  Commission  upon  the 
Isthmus  of  Panama,  is  hereby  repealed. 

Theodore  Roosevelt. 

The  White  House,  January  12,  1906. 


68  EXECUTIVE  ORDEBS. 


Schedule  A  of  the  civil  sendee  rules  is  hereby  amended  by  striking 
out  all  of  the  present  provisions  of  Section  VIII  and  substituting 
therefor  the  following: 

VIII.    ISTHMIAN    CANAL   COMMISSION. 

All  officers  and  employees  in  the  service  of  the  Isthmian  Canal 
Commission  upon  the  Isthmus  of  Panama,  except  those  who  are  to 
perform  the  duties  of  clerk,  bookkeeper,  stenographer,  typewriter, 
surgeon,  physician,  trained  nurse,  or  draftsman. 

No  person  appointed  to  the  service  on  the  Isthmus  of  Panama 
otherwise  than  through  competitive  examination  or  by  transfer  or 
promotion  from  a  competitive  position  shall  be  transferred  to  a 
competitive  position. 

Theodore  Roosevelt. 

The  White  House,  January  12,  1906. 


ISTHMIAN   CANAL,  COMMISSION.  69 


In  order  to  more  clearh'  express  the  intention  prompting  the  issu- 
ance of  the  original  order  fixing  the  compensation  and  allowances  of 
the  members  of  the  Board  of  Consulting  Engineers  upon  plans  for  the 
Panama  Canal  the  Executive  Order  of  August  31,  1905  is  hereby 
amended  to  read  as  follows: 

"It  is  hereby  ordered  that  each  member  of  the  Advisory  Board  of 
Engineers  upon  plans  for  the  Panama  Canal  shall  be  allowed  S5,000, 
payable  upon  the  completion  of  the  report  of  the  Board.  In  addition 
thereto  he  shall  receive  $15  per  day  during  the  time  he  may  be  en- 
gaged upon  the  work  of  the  Board,  including  Sundays  and  legal 
holidays,  from  the  date  of  first  leaving  home  to  assemble  as  a  Board 
until  the  date  of  arrival  at  home  after  the  conclusion  of  his  services 
on  said  Board.  For  the  time,  subsequent  to  final  adjournment, 
required  in  closing  the  work  of  the  Board,  in  completing  its  records, 
printing  its  report  and  appendix  matter,  and  in  distribution  of  the 
same,  the  Chairman  is  allowed  the  same  per  diem  for  15  days  addi- 
tional. 

"Each  member  shall  also  be  allowed  the  actual  cost  of  transporta- 
tion incurred  b}"  him  in  necessary  travel  in  connection  with  the  work  of 
the  Board,  to  include  cost  of  ticket  by  railway  or  steamer,  sleeping 
or  parlor  car  accommodations,  baggage  transfer,  cabs  and  i^orterage. 

"It  is  further  ordered  that  the  allowances  to  General  Davis  and 
General  Abbot  shall  be  increased  by  the  amount  of  their  retired  pay 
for  the  time  during  which  they  are  employed  upon  the  work  of  the 
Board,  it  being  my  intention  that  those  members  shall  receive  the 
same  compensation  for  this  work  as  the  other  members  and  this 
increase  being  made  to  provide  for  the  usual  deduction  of  retired 
officers'  pay." 

Theodore  Roosevelt. 

The  White  House,  February  19,  1906. 


70  EXECUTIVE   OEDEES. 


The  order  of  the  Secretary  of  AVar  of  April  3,  1905,  fixing  the 
salaries  of  the  members  of  the  Isthmian  Canal  Commission  is  hereby- 
revoked,  and  it  is  ordered  as  follows: 

That  Theodore  P.  Slionts,  Chairman  of  the  Commission  receive  a 
salary  of  thirty  thousand  dollars  per  annum; 

That  Charles  E.  Magoon,  Commissioner,  receive  a  salary  of  seven- 
teen thousand  live  hundred  dollars  per  annum; 

That  Mordecai  T.  Endicott,  Peter  C.  Hams,  Oswald  H.  Ernst,  and 
Benjamin  M.  Harrod,  Commissioners,  each  receive  as  such,  seven 
thousand  live  hundred  dollars  per  annum; 

That  the  Chief  Engineer  of  the  Commission  receive  a  salary  of 
thirty  thousand  dollars  per  annum; 

That  Theodore  P.  Shonts,  Charles  E.  Magoon,  and  the  Chief  Engi- 
neer of  the  Commission  be  allowed  the  use  of  a  furnished  dwelling 
house  on  the  Isthmus;  that  Commissioners  Endicott,  Hains,  Ernst 
and  Harrod  be  allowed  and  paid  their  actual  and  necessary  expenses 
while  in  attendance  at  the  regular  or  specially  called  meetings  of  the 
Commission  held  on  the  Isthmus,  and  also  their  actual  traveling 
expenses  to  and  from  the  meetings  of  the  Commission  on  the  Isthmus 
or  at  Washington  as  the  case  may  be;  and  that  Theodore  P.  Shonts, 
Charles  E.  Magoon,  and  the  Chief  Engineer  of  the  Commission  be 
allowed  and  paid  their  expenses  of  travel  while  on  the  business  of  the 
Commission. 

Theodore  Roosevelt. 

The  White  PIouse,  February  26,  1906. 


ISTHMIAN   CANAL  COMMISSION.  71 


In  order  more  clearly  to  express  the  intention  of  the  Executive 
Order,  dated  The  White  House,  Febiiiary  26,  1906,  fixing  the  salaries 
and  allowances  of  the  members  of  the  Isthmian  Canal  Commission,  it 
is  hereby  ordered  that  the  Chairman  of  the  Commission  be  allowed 
and  paid  his  actual  and  necessary  expenses  while  away  from  Wash- 
ington on  official  business  of  the  Commission,  and  the  Governor  of  the 
Canal  Zone  and  the  Chief  Engineer  of  the  Commission  be  allowed  and 
paid  their  actual  and  necessary  expenses  while  away  from  the  Isthmus 
of  Panama  on  official  business. 

This  interpretation  shall  be  effective  as  of  the  date  of  the  original 
order,  FebiTiary  26,  1906,  so  amended. 

Theodore  Roosevelt. 

The  White  House,  March  26,  1906. 
98987—11 6 


hi 


EXECUTIVE   ORDERS. 


Appointments  to  clerical  positions  on  the  Isthmus  of  Panama  pay- 
ing less  than  $75  in  gold  per  month  may  be  made  without  examination 
under  the  civil  service  rules. 

Transfers  or  promotions  from  one  classified  position  to  another  on 
the  Isthmus  of  Panama  may  be  made  mtliout  reference  to  the  usual 
limitations,  but  shall  be  shown  on  the  monthly  report  of  changes  in 
the  service  made  to  the  Civil  Service  Commission.  No  transfer  shall 
be  made  from  the  service  on  the  Isthmus  of  Panama  to  the  Office  of 
Administration,  Isthmian  Canal  Affairs,  except  in  accordance  with 
the  transfer  rules  and  regulations  at  present  in  effect. 

Theodore  Roosevelt. 

The  White  House,  May  31,  1906. 


ISTHMIAN   CANAL  COMMISSION.  73 


It  is  hereby  ordered: 

That  Theodore  P.  Shonts,  Chairman  of  the  Commission,  receive  a 
salary  of  $30,000  per  annum. 

That  John  F.  Stevens,  Commissioner,  receive  no  additional  salary 
over  that  paid  liim  as  Chief  Engineer. 

That  Charles  E.  Magoon,  Commissioner,  receive  a  salary  of  $17,500 
per  annum. 

That  Mordecai  T.  Endicott,  Peter  C.  Hains,  and  Benjamin  M. 
Harrod,  Commissioners,  each  receive  as  such  a  salary  of  $7,500 
per  annum. 

That  Theodore  P.  Shonts,  Charles  E.  Magoon,  and  John  F.  Stevens 
be  allowed  the  use  of  a  furnished  dwelling  house  on  the  Isthmus. 

That  the  Chairman  of  the  Commission  be  allowed  and  paid  his 
actual  and  necessary  expenses  while  away  from  Washington,  on 
official  business  of  the  Commission,  and  that  the  Governor  of  the 
Canal  Zone  and  the  Cliief  Engineer  of  the  Commission  be  allowed 
and  paid  their  actual  and  necessary  expenses  while  away  from  the 
Isthmus  of  Panama,  on  official  business. 

That  Commissioners  Endicott,  Hains,  and  Harrod  be  allowed  and 
paid  their  actual  and  necessary  expenses  while  in  attendance  at 
the  regular  or  specially  called  meetings  of  the  Commission,  held  on 
the  Isthmus,  and  also  their  actual  travehng  expenses  to  and  from 
the  meetings  of  the  Commission,  on  the  Isthmus  or  at  Washington, 
as  the  case  may  be. 

All  orders  in  conffict  herewith  are  revoked. 

Theodore  Roosevelt. 

June  30,  1906. 

(11.30  p.  m.;  after  adjournment  of  Congress.) 


u 


EXECUTIVE   OBDEBS. 


Appointments  to  clerical  positions  on  the  Isthmus  of  Panama 
paying  not  more  than  $75  in  gold  a  month  may  be  made  without 
examination  under  the  civil  service  rules. 

The  employees  named  in  the  list  agreed  upon  by  the  Office  of 
Administration,  Isthmian  Canal  Affairs,  and  the  Civil  Service  Com- 
mission, who  were  appointed  either  temporarily  to  meet  the  urgent 
needs  of  the  service  in  the  absence  of  available  eligibles,  or  were 
appointed  immediately  after  the  signing  of  the  order  of  January  12, 
1906,  through  a  misapprehension  of  its  provisions,  may  be  perma- 
nently appointed. 

Theodore  Roosevelt. 

Approved  July  17,  1906. 


List  of  temporary  employees  made  eligible  for  permanent  appointm,ent  by  Executive  order 

of  July  17,  1906. 


Names. 


Grade. 


Salary. 


Division. 


Weecion  D.  Williams 

Ralph  W.  Border 

R.  C.  Livin};ston 

Philip  P.  Moseley 

Charles  G.  Smith 

Charles  E .  At  hey 

Edward  W.  Wilson 

Simon  Ilerz 

(Teor^re  A.  Marqnis 

Louis  Manlovani 

Robert  L.  Turner 

Frederick  Crisp 

C.  N.  Messelonshites 

Lewin  W.  Walker 

Hildebert  Rutherford 

C.  L. Ilase 

Albin  Ralston i do 

William  D.  Gillespie '  Clerk  m 

Robert  Fouillebois do 

Harold  A.  Head Mess  Clerk 

Ernest  Booth do 

Melvin  J.  Kimball Clerk  II 

Paul  Prat Draftsman 

Thomas  B.  Colville Clerk  II 

Thomas  A.  Fletcher Copyist 

M.  L.  Padgett Chief  of  Division. 

Aristides  Alfaro I  Copvist 

E.  W.  Fraser I  Clerk 


Copvist 

do 

Clerk  I 

Copyist 

do 

Clerk  III... 

do 

do 

do 

Draftsman. 
Mess  Clerk . 
Clerk  II.... 
Clerk  III... 

Clerk  I 

Copyist 

Mess  Clerk . 


Ale.x.  Alich ' do 

Thomas  L.  Cook Inspector  of  Revenues. 

Eugene  V.  St.  V.  Sargent j  Clerk 

V.  Ridgeley  Martin i  Inspector  of  Customs. . 

Isaac  Carlos  Ames Clerk 


Edward  Kearney do. . 

Dr.  Herman  Carifield j  Interne. 

George  R.  Hands Clerk 


$75.00 
75.00 
83.33 
75.00 
75.00 
125.00 
125.00 
125.00 
125.00 
83. 33 
40.00 
100. 00 
125. 00 
83.33 
75.00 
100.00 
00.00 
125. 00 
125. 00 
40.00 
40.00 
100.00 
100.00 
100.00 
75.00 
150.00 


Municipal  Engineering. 
Mechanical  Division. 
Culebra  Division. 
Building  Construction. 
Culebra  Division. 
Mechanical  Division. 
Labor  and  Quarters. 
Mechanical  Division. 

Do. 

Do. 
Labor  and  Quarters. 
Mechanical  Division. 

Do. 

Do. 
Building  Construction. 
Labor  and  Quarters. 

Do. 
Me.chanical  Division. 

Do. 
Labor  and  Quarters. 

Do. 
Mechanical  Division. 
La  Boca  Division. 
Building  Construction. 
Cristobal  Division. 
Building  Construction. 
Engineering  Department. 
Division  Material  and  Sup- 
plies. 
Engineering  Department. 
Government  and  Sanitation. 

Do. 

Do. 
Division  Material  and  Sup- 
plies. 
Local  -Vuditor. 
Government  and  Sanitation. 

Do. 


ISTHMIAN    CANAL.  COMMISSION.  75 


War  Department, 

WasUngton,  July  27,  1906. 
By  authority  of  the  President  of  the  United  States,  it  is  hereby 
ordered  that  rule  17  of  the  Rules  and  instructions  relative  to  the 
Accounting  system  of  the  Government  of  the  Canal  Zone,  Isthmus  of 
Panama,  be  amended  by  striking  out  the  last  words  in  the  paragraph, 
reading, ' '  such  remittances  to  be  made  with  each  and  every  mail  dis- 
patch from  their  respective  offices  which  may  convey  mail  to  the 
Treasurer,"  and  inserting  in  lieu  thereof  the  words,  "such remittances 
to  be  made  with  at  least  one  mail  dispatch  on  each  day  during  which 
their  respective  offices  may  be  open  for  the  transaction  of  business." 

Wm.  H.  Taft, 

Secretary  of  War. 


76  EXECUTIVE  ORDEES. 


The  quarterly  session  of  the  Isthmian  Canal  Commission,  which, 
under  the  Executive  Order  of  April  1,  1905,  would  ordinarily  be  held 
on  the  first  day  of  October,  next,  may  be  held  at  the  office  of  the 
Governor  of  the  Canal  Zone  on  the  Isthmus  of  Panama  on  the  15th  day 
of  November,  1906,  instead  of  on  the  date  above  mentioned. 

Theodore  Roosevelt, 

President. 
The  White  House,  September  20,  1906. 


ISTHMIAN   CANAL  COMMISSION.  77 


The  sum  of  Fifty  Thousand  Dollars  (S50,000)  of  the  funds  of  the 
Government  of  the  Canal  Zone,  Isthmus  of  Panama,  is  hereby  appor- 
tioned to  be  devoted  to  public  school  purposes  during  the  fiscal  year 
ending  June  30,  1907.  It  shall  be  expended  in  the  purchase  of  real 
estate  to  be  used  as  building  sites  for  schoolhouses,  the  erection  of 
schoolhouses,  rent  of  buildings  for  schoolrooms,  equipment  of  school- 
rooms for  school  purposes,  including  desks  and  furniture,  books, 
maps,  etc.,  and  compensation  for  teachers. 

The  sum  hereby  rendered  available  for  schools  shaU  be  expended 
by  direction  of  the  Governor  of  the  Canal  Zone,  and  accounted  for 
by  proper  vouchers.  The  governor  shall  report  his  action  under  this 
authority  to  the  Secretary  of  War. 

Wm.  H.  Tapt, 

Secretary  of  War. 

War  Department, 

Washington,  Septemher  24,  1906. 


78  EXECUTIVE   ORDERS. 


There  is  hereby  apportioned  from  the  funds  of  the  Government 
of  the  Canal  Zone,  Isthmus  of  Panama,  the  sum  of  One  Thousand 
Dollars  ($1,000),  to  be  expended  upon  the  order  of  the  Governor  of 
the  Canal  Zone  in  the  payment  of  the  contingent  expenses  of  said 
Government  during  the  fiscal  year  ending  June  30,  1907.  The 
Governor  shall  report  the  disbursements  made  from  this  fund  to  the 
Secretary  of  War. 

Wm.  H.  Taft, 

Secretary  of  War. 
War  Department, 

Washington,  September  24,  1906. 


ISTHMIAN    CANAL  COMMISSION.  7^' 


Whereas,  Section  7  of  the  Executive  Order  issued  by  direction  of 
the  President  of  the  United  States  under  date  of  December  3,  1904, 
provides  that,  "The  authorities  of  the  Canal  Zone  shall  purchase  from 
the  Republic  of  Panama  such  stamps  as  the  authorities  of  the  Canal 
Zone  desire  to  use  in  the  Canal  Zone  at  forty  per  centum  of  their  face 
value": 

Authority  is  hereby  given  for  the  expenditure,  from  the  funds  of  the 
Government  of  the  Canal  Zone,  Isthmus  of  Panama,  deposited  in  the 
Treasury  of  said  Government,  of  such  sums  as  may  be  necessary,  from 
time  to  time,  for  the  purchase  of  stamps  from  the  Government  of 
Panama  for  surcharging  for  use  in  the  Canal  Zone.  The  sums  hereby 
rendered  available  for  the  purchase  of  stamps  shall  be  expended  by 
direction  of  the  Governor  of  the  Canal  Zone,  and  accounted  for  by 
proper  vouchers.  The  Governor  shall  report  his  action  under  this 
authority  to  the  Secretary  of  War. 


War  Department, 

Washington,  November  17,  1906. 


Wm.  H.  Taft, 

Secretary  of  War. 


80  EXECUTIVE   ORDERS. 


The  Executive  Order  of  April  1,  1905,  is  hereby  changed  as  follows: 

The  Commission  will  hold  quarterly  sessions  the  first  week  in 
February,  May,  August,  and  November,  of  each  year,  on  the  Isthmus 
of  Panama,  and  will  continue  each  session  as  long  as  public  business 
may  require.  Further  notice  of  such  meetings  shall  not  be  necessary 
to  their  regularity.  The  Commission  may  hold  special  sessions  at  the 
call  of  the  Chairman.  Four  members  shall  constitute  a  quorum  and 
the  action  of  such  majority  shall  be  the  action  of  the  Commission. 

The  Commission,  under  the  supervision  of  the  Secretar}'  of  War 
and  subject  to  the  approval  of  the  President,  is  charged  with  the 
general  duty  of  the  adoption  of  plans  for  the  construction  and  main- 
tenance of  the  Cana.1,  and  with  the  execution  of  the  work  of  the  same; 
for  the  purchase  and  delivery  of  supplies,  machinery  and  necessary 
plant;  the  employment  of  the  necessary  officers,  employees  and 
laborers,  and  with  the  fixing  of  their  salaries  and  wages;  with  the 
operations  of  the  Panama  Railroad  Company  and  Steamship  Lines 
as  common  carriers;  with  the  utilization  of  the  Panama  Railroad 
as  means  of  constructing  the  Canal;  with  the  Government  and 
Sanitation  of  the  Canal  Zone  and  with  all  matters  of  sanitation  in  the 
cities  of  Manama  and  Colon  and  the  harbors  thereof ;  with  the  making 
of  all  contracts  for  the  construction  of  the  Canal  or  any  of  its  needful 
accessories ;  and  with  all  other  matters  incident  and  necessary  to  the 
building  of  a  water-way  across  the  Isthmus  of  Panama,  as  provided 
by  the  Act  of  Congress,  June  28,  1902. 

The  Executive  Committee,  as  provided  for  in  my  Executive  Order 
of  April  1,  1905,  is  hereby  abolished. 

In  order  to  promote  the  greatest  harmony  between  the  heads  of 
Departments,  and  to  secure  results  by  the  most  direct  methods,  the 
following  organization  shall  be  created : 

The  organization  shall  consist  of  the  Chairman  and  the  following 
heads  of  Departments:  Cliief  Engineer,  General  Counsel,  Chief  San- 
itary Officer,  General  Purchasing  Officer,  General  Auditor,  Disburs- 
ing Officer,  and  Manager  of  Labor  and  Quarters.  The  duties  of  each 
shall  be  as  follows: 

1.  The  Chairman  shall  have  charge  of  all  Departments  incident  and 
necessary  to  the  construction  of  the  Canal  or  any  of  its  accessories. 

2.  He  shall  appoint  the  Heads  of  the  various  Departments,  sub- 
ject to  the  approval  of  the  Commission. 

3.  The  Head  of  each  Department  shall  report  to  and  receive  his 
instructions  from  the  Chairman. 


ISTHMIAN   CANAL.  COMMISSION.  81 

4.  He  shall  have  charge  of  the  operations  of  the  Panama  Railroad 
and  Steamship  Lines. 

5.  He  shall  perform  such  other  duties  as  may  be  assigned  to  him 
from  time  to  time  by  the  Secretary  of  War. 

A  minute  of  every  transaction  of  the  Chairman  shall  be  made  and 
one  copy  of  the  minutes  shall  be  forwarded  to  the  Secretary  of  War 
and  another  copy  transmitted  for  the  consideration  of  the  Commission 
at  its  next  meeting. 

The  Chief  Engineer  shall  have  charge  of: 

1.  All  engineering  work  relating  to  the  Canal  and  its  accessories. 

2.  All  construction  work  on  the  Isthmus  of  Panama. 

3.  The  operation  of  the  Panama  Railroad  so  far  as  same  relates  to 
Canal  construction  work. 

4.  The  custody  of  all  the  supphes  and  plant  of  the  Commission  upon 
the  Isthmus. 

5.  In  the  absence  of  the  Chairman  from  the  Isthmus,  the  Chief 
Engineer  shall  act  for  Mm  in  all  matters  requiring  prompt  attention, 
such  action  to  be  reported  to  the  Chairman  for  his  action,  but  the 
action  of  the  Chief  Engineer  shall  be  in  full  force  and  effect  until  dis- 
approved by  the  Chairman. 

The  General  Counsel  shall  have  charge  of: 

1.  All  legal  matters  pertaining  to  the  Commission,  whether  in  the 
United  States  or  on  the  Isthmus  of  Panama. 

2.  The  administration  of  civil  government  within  the  Canal  Zone, 
and  shall  exercise,  through  a  local  administrator,  the  authority  here- 
tofore vested  in  the  Governor  of  the  Canal  Zone. 

The  Chief  Sanitary  Officer  shall  have  charge  of: 

1.  All  matters  of  sanitation  within  the  Canal  Zone,  and  also  in  the 
cities  of  Panama  and  Colon,  and  the  harbors,  etc.,  so  far  as  authorized 
by  the  treaty,  Executive  Orders  and  decrees  of  December  3,  1904, 
between  the  United  States  and  Panama,  relating  thereto. 

2.  The  custody  of  all  medical  supplies  needed  for  sanitary  purposes. 
The  General  Purchasing  Officer  shall  have  charge  of  the  purchase 

and  delivery  of  all  supplies,  machinery,  and  necessary  plant. 

The  General  Auditor  shall  have  charge  of  the  general  bookkeeping, 
of  property  accounts,  of  statistics,  of  administrative  audit  of  the 
Commission,  and  of  the  accounting,  bookkeeping,  and  audit  of  the 
Government  of  the  Canal  Zone. 

The  Disbursing  Officer  shall  have  charge  of  time  keeping,  of  prepa- 
ration of  pay  rolls  and  vouchers,  and  of  payment  of  same. 

The  Manager  of  Labor  and  Quarters  shall  have  charge  of  the  em- 
ployment of  all  necessary  labor  secured  from  the  West  India  Islands 
or  Central  and  South  American  countries;  of  the  general  personal 
records  of  all  employees;  of  all  quarters,  and  shall  assign  same  to  aU 
employees  of  the  Commission  or  of  its  contractors;  and  of  the  opera- 
tion of  all  Commission  hotels  and  mess  houses. 


82  EXECUTIVE   ORDEBS. 

APPOINTMENT   OF   OFFICERS. 

All  officers  and  employees  shall  be  appointed,  and  their  salaries 
shall  be  fixed,  by  the  Head  of  the  Department  in  which  they  are 
engaged.  Their  appointment  and  salaries  shall  be  subject  to  the 
approval  either  of  the  Commission,  or,  if  the  Commission  is  not  in 
session,  of  the  Chairman. 

The  employment  of  laborers  where  the  contract  of  employment  is 
made  in  the  United  States,  shall  be  negotiated  and  concluded  by  the 
Chairman  of  the  Commission.  Where  the  employment  of  laborers 
is  effected  upon  the  Isthmus,  or  outside  of  the  United  States,  it  shall 
be  conducted  under  the  supervision  of  the  Chief  Engineer,  subject  to 
the  approval  of  the  Chairman. 

CONTRACTS. 

Contracts  for  the  purchase  of  supplies,  involving  an  estimated 
expenditure  exceeding  $10,000  shall  only  be  made  after  due  public 
advertisement  in  newspapers  of  general  circulation,  and  shall  be 
awarded  to  the  lowest  responsible  bidder,  except  in  the  case  of  emer- 
gency, when,  with  the  approval  of  the  Secretary  of  War,  advertising 
may  be  dispensed  with.  In  the  making  of  contracts  for  supplies  or 
construction  involving  an  estimated  expenditure  of  more  than  $1,000, 
and  less  than  $10,000,  competitive  bids  should  be  secured  by  invita- 
tion or  advertisement  whenever  practicable. 

REPORTS. 

The  Head  of  each  Department  shall  make  a  report  upon  the  worR 
and  operation  of  his  Department  to  the  Isthmian  Canal  Commission 
from  time  to  time  and  as  often  as  may  be  required  by  the  Chairman 
of  the  Commission. 

The  Chairman  of  the  Commission  will  make  a  report  to  the  Secre- 
tary of  War,  setting  forth  the  results  accomplished  by  each  Depart- 
ment of  the  work,  at  least  annually  and  as  often  as  he  may  deem 
advisable  or  the  Secretary  may  require. 

The  Secretary  of  War  will  make  to  the  President  a  report  at  least 
annually,  and  as  often  as  he  may  deem  advisable  or  the  President 
may  require. 

All  Executive  Orders  relating  to  the  subject  of  the  Panama  Canal, 
excepting  so  far  as  they  may  be  inconsistent  with  the  present  order, 
remain  in  force. 

Theodore  Roosevelt. 

Effective  this  date,  November  17,  1906. 

T.  R. 


ISTHMIAN    CANAL,  COMMISSION.  8$ 


^Ir.  John  E.  Kidwell,  Accountant  (Pay-clerk)  at  $2,200  per  annum 
in  the  Isthmian  Service  may  be  transferred  to  a  classified  clerical 
position  in  the  United  States. 

Theodore  Roosevelt. 

The  White  House,  February  21,  1907. 


84  EXECUTIVE   ORDEES. 


War  Department, 
^yasMngton,  Fehruary  21,  1907. 
The  action  of  the  Isthmian  Canal  Commission  since  March  4,  1905, 
in  increasing  from  time  to  time  the  salaries  of  employees  of  the  Canal 
Zone  Government  is  hereby  approved. 
By  order  of  the  President. 

Wm.  H.  Taft, 

Sea^etary  of  War. 


ISTHMIAN    CANAL   COMMISSION.  85 


War  Department, 

Washington,  February  28,  1907, 
All  acts  and  resolutions  of  the  Isthmian  Canal  Commission  passed 
since  March  4,  1905,  in  so  far  as  they  effect  changes  in  the  "Laws  of 
the  Canal  Zone"  or  other  enactments  of  the  Commission  relative  to 
the  Government  of  the  Canal  Zone  prior  to  March  4,  1905,  are  hereby 
approved. 

By  order  of  the  President. 

Wm.  H.  Taft, 

Secretary  of  War. 


86  EXECUTIVE  OBDEBS. 


War  Department, 

Washington,  February  28,  1907. 

The  action  of  the  Isthmian  Canal  Commission  under  date  of  October 
7,  1905,  approving  a  resolution  of  the  Executive  Committee  passed 
at  a  meeting  thereof  on  August  2,  1905,  providing  that  the  premiums 
on  surety  bonds  of  employes  of  the  Isthmian  Canal  Commission  other 
than  disbursing  officers  shall  be  paid  out  of  the  appropriation  for  the 
construction  of  a  canal  connecting  the  Atlantic  and  Pacific  Oceans, 
and  the  action  of  the  Commission  at  its  meeting  of  July  5,  1906,  pro- 
viding that  all  emplo3'ees  of  the  Isthmian  Canal  Commission,  includ- 
ing the  Government  of  the  Canal  Zone,  who  disburse  or  collect 
moneys  of  the  United  States  Government,  and  all  officers  or  employees 
required  to  give  bond  as  provided  in  the  laws  of  the  Canal  Zone 
Government,  be  required  to  give  bond  for  the  faithful  performance  of 
their  duties,  in  some  corporate  suret}'  company  to  be  designated  by 
the  Chairman  of  the  Commission,  in  such  amounts  as  the  head  of  the 
Department  under  wliich  they  are  employed  shall  consider  proper, 
are  hereby  ratified  and  approved,  anything  contained  in  the  "Laws 
of  the  Canal  Zone"  or  other  enactments  of  the  Canal  Commission 
relative  to  tlie  Canal  Zone  Government  prior  to  March  4,  1905,  to  the 
contrary  notAnthstanding. 

By  order  of  the  President. 

Wm.  H.  Taft, 

Secretary  of  War. 


ISTHMIAN    CANAL   COMMISSION.  87 


War  Department, 
Washington,  March  4,  1907. 
By  direction  of  the  President,  it  is  hereby  ordered  that  Joseph  B., 
Bishop,  Secretary  of  the  Isthmian  Canal  Commission,  be  and  is  hereby 
phiced  in  charge  of  the  Washington  office  of  the  Commission  until 
further  order. 

Wm.  H.  Taft, 

Secretary  of  War. 

98987—11 7 


EXECUTIVE   OEDEES. 


The  White  House, 

Washington,  B.C.,  March  4,  1907. 

John  F.  Stevens  is  hereby  apjjomted  Chairman  of  the  Isthmian 
Canal  Commission,  vice  Theodore  P.  Shonts,  resigned,  to  take  effect 
tliis  day. 

Lieutenant-Colonel  George  W.  Goethals,  United  States  Army 
Engineers,  is  hereby  appointed  a  member  of  the  Isthmian  Canal 
Commission,  vice  John  F.  Stevens  appointed  Chairman  thereof. 

These  appointments  are  made  after  tlie  adjournment  of  Congress, 
and  are  recess  appointments. 

Chairman  Stevens  will  receive  no  other  salary  than  that  which  he 
now  receives  as  Chief  Engineer,  to  wit.  $30,000  a  year. 

Lieutenant-Colonel  Goethals  \\\\\  receive  compensation  at  the 
annual  rate  of  $15,000  a  year,  including  his  pay  as  a  Lieutenant- 
Colonel  of  Engineers.  The  difference  between  $15,000  and  his  pay 
as  a  Lieutenant-Colonel  of  Engineers  will  be  paid  out  of  the  appro- 
priation for  the  construction  of  the  Panama  Canal. 

Theodore  Roosevelt. 


ISTHMIAN    CANAL   COMMISSION.  89 


By  direction  of  the  President,  it  is  ordered: 

Section  1.  A  deed  or  instrument  in  writing  executed  and  deliv- 
ered between  parties  competent  to  contract,  and  sufficiently  de- 
scribing the  property  conveyed,  signed  by  the  grantor,  or,  if  the 
grantor  be  not  able  to  write,  with  the  grantor's  mark,  and  witnessed 
in  every  case  by  two  disinterested  parties,  shall  be  sufficient  in  law 
to  convey  the  grantor's  title  to  real  estate,  or  any  mterest  therein, 
and  on  and  after  July  1,  1907,  real  property  shall  not  be  conveyed  in 
any  other  manner. 

Sec.  2.  No  deed  conveying  any  interest  in  real  estate,  nor  mort- 
gage of  real  property,  shall  be  valid  against  subsequent  creditors 
of  and  purchasers  from  the  owner  in  good  faith,  unless  the  same  shall 
have  been  recorded  with  the  registrar  of  the  administrative  district 
in  which  the  real  estate  lies. 

Sec.  3.  The  clerks  of  the  circuits  courts  of  the  Canal  Zone  shall 
act  as  registrars  of  land  titles,  as  follows: 

The  clerk  of  the  First  Judicial  Circuit  Court  for  the  administrative 
district  of  Ancon. 

The  clerk  of  the  Second  Judicial  Circuit  Court  for  the  administra- 
tive districts  of  Emperador  and  Gorgona. 

The  clerk  of  the  Third  Judicial  Circuit  Court  for  the  administrative 
district  of  Cristobal. 

Sec.  4.  For  the  purpose  of  recording  all  instruments  required  to 
be  recorded  under  this  order  the  registrar  shall  keep  a  well-bound  and 
substantial  book,  and  shall  be  entitled  to  charge  for  services  rendered 
as  registrar,  as  follows: 

For  each  instrument  recorded,  ten  cents,  gold,  per  folio  of  one 
hundred  words. 

For  cancelling  mortgages  or  other  instruments  recorded  with  him, 
twenty-five  cents,  gold. 

For  each  certified  copy  of  an  instrument  recorded  in  his  office,  ten 
cents,  gold,  per  folio. 

Sec.  5.  Any  document  relating  to  real  estate  or  affecting  property 
or  personal  relations,  executed  under  the  Spanish  law  prior  to  this 
order,  may  be  recorded  for  the  purpose  of  preservation. 

Effective  April  15,  1907. 

Wm.  H.  Taft, 

Secretary  of  War. 

War  Department, 

Washington,  D.  C,  March  12,  1907. 


90  EXECUTIVE   ORDERS. 


By  authority  of  the  President,  it  is  ordered: 

That  the  patent,  trade-mark,  and  copyright  laws  of  the  United 
States  of  America  are  hereby  extended  to  and  made  effective  within 
the  Canal  Zone,  to  the  extent  that  any  patent  or  copyright  issued 
under  the  laws  of  the  United  States,  or  any  trade-mark  duly  regis- 
tered in  the  Patent  Office  of  the  United  States,  shall  vest  in  the  per- 
son to  whom  issued  or  in  whose  name  registered,  his  assigns  and 
licensees,  subject  to  the  pro'tection  of  the  Circuit  and  Supreme  Courts 
of  the  Canal  Zone,  the  same  exclusive  right  of  property  therein  that 
such  person  would  possess  in  the  United  States, 

Effective  April  15,  1907. 

Wm.  H.  Taft, 

Secretary  of  War. 

War  Department, 

Washington,  D.  C\,  March  12,  1907. 


ISTHMIAN    CANAL   COMMISSION.  91 


By  order  of  the  President,  Mr.  B.  S.  Ambler  and  Mr.  Montgomery 
Blair  are  hereby  appointed  members  of  a  Joint  Commission  provided 
for  by  Articles  VI  and  XV  of  the  Treaty  between  the  United  States 
and  the  Republic  of  Panama  of  February  26,  1904. 

They  will  be  present  upon  the  Isthmus  on  or  before  April  4,  1907. 

They  will  receive  an  allowance  of  $15  per  day  for  their  services 

from  the  time  they  leave  the  United  States  until  their  return  there, 

and  their  actual  traveling  expenses  and  subsistence  during  the  same 

period  of  time. 

Wm.  H.  Taft, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  March  12,  1907. 


92  EXECUTIVE   ORDEES, 

By  direction  of  the  President,  it  is  ordered: 

That  no  life,  fire,  accident,  industrial,  or  indemnity  insurance 
company  shall  be  permitted  to  do  business  within  the  Canal  Zone 
until  it  shall  have  complied  %vith  the  foUoudng  requirements: 

1.  It  shall  file  with  the  Collector  of  Revenues: 

(a)  A  certified  copy  of  its  articles  of  incorporation. 

(6)  A  certificate  of  the  Insurance  Commissioner  of  the  State 
of  its  incorporation  sho^ving  that  it  is  authorized  to  do  business 
in  the  home  jurisdiction. 

(c)  A  resolution  of  its  Board  of  Directors  designating  an  agent 
within  the  Canal  Zone  upon  whom  legal  process  may  be  served. 

(d)  A  certified  copy  of  its  last  annual  statement  to  the  Insurance 
Commissioner  of  the  State  or  country  in  which  it  may  be  incor- 
porated; and  from  time  to  time  thereafter  copies  of  such  additional 
reports  as  it  shall  make  to  the  home  Commissioner. 

(e)  A  sworn  statement,  showing  the  amount  of  its  capital  stock 
paid  in,  its  surplus,  the  amount  of  insurance  it  has  outstanding, 
and  the  number  of  unsettled  or  uncontested  claims  pending  against  it. 

2.  It  shall  deposit  vnih  the  Collector  of  Revenues  $10,000  in  cash 
or  current  securities,  which  shall  be  available  to  satisfy  any  judgment, 
that  may  be  rendered  against  it  under  any  insurance  policy  that  it 
may  issue. 

3.  Upon  complying  with  these  conditions  and  the  payment  of  an 
annual  fee  of  $50,  the  Collector  of  Revenues  ^\'ill  issue  to  such  com- 
pany a  certificate  authorizing  it  to  do  business  within  the  Canal  Zone. 
Such  certificate,  however,  shall  be  terminable  by  the  direction  of  the 
chief  civil  authorities  of  the  Canal  Zone;  but  if  terminated  without 
fault  upon  the  part  of  the  insiu'ance  company,  a  proportionate  rebate 
of  the  license  fee  will  be  made  to  the  insurance  company. 

4.  Each  company,  as  a  condition  of  continuing  to  do  business 
within  the  Canal  Zone,  shall  file  with  the  Collector  of  Revenues, 
between  January  1  and  March  1  of  each  year,  a  sworn  statement 
showing  the  business  done  b}^  it  within  the  Canal  Zone  during  the 
previous  calendar  year,  and  shall  pay,  on  or  before  Marcli  1,  to  the 
Collector  of  Revenues,  in  lieu  of  all  other  taxes  save  taxes  upon  real 
estate  and  the  annual  fee  provided  for  in  Section  3  hereof,  a  license 
tax  equal  to  one  and  one-half  per  centum  of  its  premium  receipts  for 
the  calendar  year  preceding. 

5.  The  agent  of  any  unlicensed  insurance  company  doing  business 
within  the  Canal  Zone  shall  be  subject  to  a  fine  not  exceeding  $25  for 
the  first  ofl'ense,  and  not  exceeding  $100  for  the  second  ofl'ense. 

Eftective  July  1,  1907. 

Wm.  H.  Taft, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  March  12,  1907. 


ISTHMIAN   CANAL.  COMMISSION.  93 


Under  authority  vested  in  me  by  law  it  is  ordered : 
That  marriages  in  the  Canal  Zone  may  be  celebrated  by  any 
minister  of  the  Gospel  in  regular  standing  in  the  church  or  society 
to  which  he  belongs,  by  the  judge  of  any  court  of  record,  or  by  any 
municipal  or  district  judge. 

Theodore  Roosevelt, 
The  White  House,  MarcJi  13,  1907. 


94  EXECUTIVE   ORDERS. 


Under  authority  vested  in  me  by  law  it  is  ordered : 

1.  The  Canal  Zone,  Isthmus  of  Panama,  shall  be  divided  into  four 
administrative  districts,  to  be  known  as  Ancon,  Emperador,  Gorgona, 
and  Cristobal.  The  districts  of  Ancon  and  Emperador  shall  be  coex- 
tensive with  the  present  municipal  districts  of  Ancon  and  Emperador. 
The  district  of  Gorgona  shall  be  composed  of  the  jiresent  municipal 
district  of  Gorgona  and  that  portion  of  the  municipal  district  of 
Buenavista  lying  south  and  east  of  a  straight  line  passing  through  the 
center  of  the  Panama  Railroad  Company's  bridge  No.  38  over  the 
Agujeta  River,  and  intersecting  the  boundaries  of  the  Canal  Zone  with 
an  inclination  of  forty  degrees  east  of  the  magnetic  meridian.  The 
district  of  Cristobal  shall  be  composed  of  the  present  municipal  dis- 
trict of  Cristobal  and  that  portion  of  the  munici})al  district  of  Buena- 
vista lying  north  and  west  of  a  straight  line  passing  through  the  center 
of  the  Panama  Railroad  Company's  bridge  Xo.  38  over  the  Agujeta 
River,  and  intersecting  the  boundaries  of  the  Canal  Zone  with  an 
inclination  of  forty  degrees  east  of  the  magnetic  meridian. 

2.  In  each  district  there  shall  be  appointed  a  tax  collector,  who  shall 
discharge  the  duties  of  the  present  municipal  treasurer  and  Board  of 
Assessors.  He  shall  be  charged  with  the  collection  of  license  taxes, 
the  assessment  and  collection  of  all  ad  valorem  taxes,  the  preparation 
of  head  lists  for  work  upon  public  improvements  and  the  issuance  of 
citations  and  collection  of  commutation  taxes  thereunder,  the  keeping 
of  the  Civil  Register,  the  collection  of  rents  from  public  and  municipal 
property,  the  execution  of  leases  thereof  under  direction  of  the  Col- 
lector of  Revenues,  and  in  the  proper  case  with  the  approval  of  the 
chief  executive  of  the  Canal  Zone,  the  execution  of  deed  therefor. 
He  shall  also  represent  the  municipality  in  all  necessary  litigation 
affecting  municipal  property  within  his  district,  and  shall  from  time 
to  time  discharge  such  other  duties  of  a  public  nature  as  ma}"  be 
assigned  to  him  by  the  duly  authorized  authorities  of  the  Canal  Zone. 
He  shall  keep  books  or  rolls  showing  all  assessments  made,  taxes  and 
rents  due,  and  collections  made,  and  shall  give  such  bond  as  may  be 
required  of  him.  He  shall  report  to  the  Collector  of  Revenues  and 
deposit  all  funds  as  he  may  be  required  with  the  Treasurer  of  the 
Canal  Zone. 

3.  The  existing  regulations  concerning  the  assessment  and  collec- 
tion of  taxes  and  the  enforcement  of  tax  liens  shall  be  followed  and 


ISTHMIAiSr    CANAL   COMMISSION.  95 

applied  by  the  Tax  Collector  so  far  as  the  same  are  not  inconsistent 
with  the  terms  of  this  order.  Unpaid  taxes  of  every  character  shall 
constitute  a  personal  claim  against  the  person  against  whom  they  are 
levied,  and  taxes  upon  real  property  shall,  in  addition,  until  paid, 
.  constitute  a  lien  upon  the  realty.  With  respect  to  ad  valorem  taxes 
or  other  taxes  levied  b)^  assessment,  an  appeal  shall  be  allowed  to  the 
Circuit  Judge  for  the  district,  following  a  procedure  to  be  prescribed 
by  the  Circuit  Judges,  by  the  owner  or  occupant  in  all  cases  where 
the  assessment  may  be  thought  tcJ  be  unduly  high,  or  by  the  Collector 
of  Revenues  in  all  cases  where  it  may  be  thought  to  be  unduly  low, 
when  compared  with  assessments  made  upon  similar  property  simi- 
larly situated  elsewhere  in  the  Zone.  For  the  purpose  of  equalizing 
assessments  in  the  several  districts  the  three  circuit  judges  shall  once 
a  year  sit  as  a  Board  of  Equalization. 

.4.  There  shall  be  appointed  in  each  district  a  District  Judge,  who 
shall  exercise  all  the  authority  now  exercised  by  the  Municipal  Judges, 
and  shall  discharge  such  other  duties  as  may  from  time  to  time  be 
imposed  upon  him  by  law  or  executive  order.  There  shall  also  be 
appointed  for  the  whole  Zone  a  fifth  District  Judge,  to  be  known  as 
the  Senior  District  Judge,  who  shall  sit  wherever  required  of  him  and 
who  shall  once  a  month  preside  at  and  keep  minutes  of  a  conference 
of  all  the  District  Judges  at  which  matters  of  common  interest  per- 
taining to  their  office  shall  be  discussed.  Any  District  Judge  may 
temporarily  be  assigned  to  sit  in  any  other  district.  Fines  and  fees 
shall  be  accounted  for  to  the  Collector  of  Revenues  and  paid  in  to 
the  Treasurer  of  the  Canal  Zone. 

5.  Public  works  and  improvements  in  the  several  districts  shall  be 
under  the  charge  and  direction  of  a  Superintendent  of  Pubhc  Works 
appointed  for  the  whole  Zone,  who  shall  also  have  charge  and  direc- 
tion of  slaughterhouse  and  market  inspectors  and  shall  discharge  such 
other  duties  of  a  pubhc  character  relative  to  the  various  districts  as 
may  be  assigned  to  him. 

6.  Accounts  shall  be  kept  b}^  the  Collector  of  Revenues  mth  each 
district  and  pubhc  improvements  shall  be  distributed  among  the 
several  districts  wdth  due  regard  to  the  revenue  derived  from  each 
district.  Rents  derived  from  municipal  property  shall  in  all  cases 
be  expended  upon  pubhc  improvements  or  schools  wdtliin  the  district 
from  which  it  is  collected. 

7.  Ordinances  regulating  poHce,  sanitation,  and  taxation,  and  any 
other  matters  now  regulated  by  orchnance,  may  be  enacted,  and 
existing  ordinances  may  be  repealed,  by  the  Isthmian  Canal  Com- 
mission, wdth  the  approval  of  the  Secretary  of  War.  They  may  be 
made  operative  throughout  the  Zone,  or  confined  to  any  particular 
district. 


96  EXECUTIVE   OEDEES. 

8.  The  municipal  councils  and  all  other  municipal  offices  now  exist- 
ing vmder  the  laws  of  the  Canal  Zone  are  abolished. 

9.  The  district  officers  herein  provided  for  shall  be  appointed  and 
their  salaries  fixed  by  the  chief  executive  of  the  Canal  Zone,  subject 
to  approval  by  the  Commission. 

10.  The  rules  and  regulations  of  the  Isthmian  Canal  Commission 
compiled  under  the  title  of  "Laws  of  the  Canal  Zone,"  in  so  far  as 
they  are  inconsistent  with  tliis  order,  are  modified  and  repealed. 

Effective  April  15,  1907. 

Theodore  Roosevelt. 
The  White  House,  March  13,  1907. 


ISTHMIAN    CANAL   COMMISSION.  97 


Under  authority  vested  in  me  by  law  it  is  ordered: 

Section  179  of  the  Penal  Code  of  the  Canal  Zone  is  amended  so  as 
to  read  as  follows: 

''Section  179.  An  assault  is  punishable  by  fine  not  exceeding 
twenty-five  dollars,  or  by  imprisonment  in  jail  not  exceeding  thirty 
days." 

Section  181  of  the  Penal  Code  of  the  Canal  Zone  is  amended  so  as 
to  read  as  follows: 

''Section  181.  A  battery  is  punishable  by  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceeding  thirty  days, 
or  by  both  such  fine  and  imprisonment." 

Section  209  of  the  Penal  Code  of  the  Canal  Zone  is  amended  to 
read 'as  follows: 

"Section  209.  Every  parent  of  any  child  or  husband  of  any  wife 
lawfully  chargeable  with  the  support  or  maintenance  of  any  child  or 
wife,  who  abandons  or  \villfully  omits,  without  lawful  excuse,  to 
furnish  food,  shelter,  or  medical  attendance  to  such  child  or  wife  is 
guilty  of  a  misdemeanor." 

Section  342  of  the  Penal  Code  of  the  Canal  Zone  is  amended  to 
read  as  follows: 

"Section  342.  Grand  larceny  is  larceny  committed  in  either  of 
the  cases: 

"1.  When  the  property  taken  is  of  the  value  of  ten  dollars  and 
upwards. 

"2.  When  the  property  is  taken  from  the  person  of  another. 

"3.  Wlien  the  property  taken  is  a  horse,  mare,  gelding,  cow,  steer, 
bull,  calf,  mule,  jack  or  jenny. 

"4.  Wlien  the  property  taken  is  the  property  of  the  United  States, 
Isthmian  Canal  Commission,  or  Government  of  the  Canal  Zone." 

Section  368  of  the  Penal  Code  of  the  Canal  Zone  is  amended  so  as 
to  read  as  follows: 

"Section  368.  Every  person  guilty  of  embezzlement  is  punishable 
in  the  manner  prescribed  for  feloniously  stealing  property  of  the  value 
of  that  embezzled;  and  where  the  property  embezzled  is  an  evidence 
of  debt,  or  right  of  action,  the  sum  due  upon  it  or  evidenced  im  be  paid 
by  it  shall  be  taken  at  its  value :  Provided,  That  if  the  embezzlement 
or  defalcation  be  of  the  property  or  public  funds  of  the  United  States, 
Istlimian  Canal  Commission,  or  of  the  Government  of  the  Canal  Zone 
or  of  any  municipality,  city  or  village  of  the  Canal  Zone,  the  ofl'ense 
is  a  felony,  and  shall  be  punishable  by  imprisonment  in  the  peniten- 


98  EXECUTIVE   OEDEES. 

tiary  for  not  more  than  ten  years ;  and  the  person  so  convicted  shall 
be  ineligible  thereafter  to  any  office  or  emi)loyment  of  honor,  trust  or 
profit  with  the  United  States,  Isthmian  Canal  Commission,  or  Gov- 
ernment of  the  Canal  Zone." 

Section  16  of  the  Code  of  Criminal  Procedure  is  amended  to  read 
as  follows: 

"Section  16.  District  judges  shall  liave  original  jurisdiction  in  all 
cases  of  misdemeanor  wherein  the  fine  that  may  be  imposed  may  not 
exceed  one  hundred  dollars  or  imprisonment  in  jail  may  not  exceed 
thirty  days,  or  both.  They  shall  have  jurisdiction  of  the  Circuit 
Court  in  cases  of  violation  of  Zone  or  District  ordinances." 

Theodore  Roosevelt 

The  y^HiTE  House,  March  13,  1907. 


ISTHMIAN    CANAL   COMMISSION.  99 


Whereas,  by  the  act  entitled  "An  Act  to  regulate  the  immigration 
of  aliens  into  the  United  States,"  approved  February  20,  1907,  when- 
ever the  President  is  satisfied  that  passports  issued  by  any  foreign 
government  to  its  citizens  to  go  to  any  country  other  than  the  United 
States  or  to  any  insular  possession  of  the  United  States  or  to  the  Canal 
Zone,  are  being  used  for  the  purpose  of  enabling  the  holders  to  come 
to  the  continental  territory  of  the  United  States  to  the  detriment  of 
labor  conditions  therein,  it  is  made  the  duty  of  the  President  to  refuse 
to  permit  such  citizens  of  the  country  issuing  such  passports  to  enter 
the  continental  territory  of  the  United  States  from  such  country  or 
from  such  insular  possession  or  fi*om  the  Canal  Zone ; 

And  Whereas,  upon  sufficient  evidence  produced  before  me  by  the 
Department  of  Commerce  and  Labor,  I  am  satisfied  that  passports 
issued  by  the  Government  of  Japan  to  citizens  of  that  country  or 
Korea  and  who  are  laborers,  skilled  or  unsldlled,  to  go  to  Mexico,  to 
Canada  and  to  Hawaii,  are  being  used  for  the  purpose  of  enabling  the 
holders  thereof  to  come  to  the  continental  territory  of  the  United 
States  to  the  detriment  of  labor  conditions  therein; 

I  hereby  order  that  such  citizens  of  Japan  or  Korea,  to- wit:  Japa- 
nese or  Korean  laborers,  skilled  and  unskilled,  who  have  received 
passports  to  go  to  Mexico,  Canada  or  Hawaii,  and  come  therefrom, 
be  refused  permission  to  enter  the  continental  territory  of  the  United 
States. 

It  is  further  ordered  that  the  Secretary  of  Commerce  and  Labor  be, 
and  he  hereby  is,  directed  to  take,  thru  the  Bureau  of  Immigration  and 
Naturalization,  such  measures  and  to  make  and  enforce  such  rules  and 
regulations  as  may  be  necessary  to  carry  this  order  into  effect. 

Theodore  Roosevelt. 

The  White  House,  March  I4,  1907. 


100  EXECUTIVE   ORDERS. 


Major  William  L.  Sibert,  Corps  of  Engineers,  U.  S.  A.,  Major  David 
Du  B.  Gaillard,  Corps  of  Engineers,  U.  S.  A.,  and  Civil  Engineer  Harry 
H.  Rousseau,  U.  S.  N.,  are  hereby  appointed  members  of  the  Isth- 
mian Canal  Commission  \ace  Benjamin  Harrod,  General  Peter  C. 
Hains,  U.  S.  A.,  and  Rear-Admiral  Mordecai  T,  Endicott,  U.  S.  N., 
resigned. 

Major  Sibert  will  receive  compensation  at  the  rate  of  SI 4, 000.  per 
annum,  including  iiis  pay  as  Major  in  the  Corps  of  Engineers. 

Major  Gaillard  will  receive  compensation  at  the  rate  of  $14,000.  per 
annum,  including  his  pa}^  as  Major  in  the  Corps  of  Engineers. 

Civil  Engineer  Rousseau  vdW  receive  compensation  at  the  rate  of 
$14,000.  per  annum,  including  Ms  pay  as  an  officer  of  the  Navy. 

Major  William  L.  Sibert,  Major  David  Du  B.  Gaillard,  and  Civil 
Engineer  Harry  H.  Rousseau  will  each  be  allowed  the  use  of  a  fur- 
nished dwelling  house  on  the  Isthmus  and  will  be  allowed  and  paid 
their  actual  and  necessary  expenses  while  away  from  the  Isthmus  of 
Panama  on  official  business. 

Theodore  Roosevelt. 

The  White  House,  March  16,  1907. 


ISTHMIAN   CANAii  COMMISSION.  101 


The  Order  of  March  4th  is  hereby  amended  so  as  to  provide  for 
Lieutenant-Colonel  George  W.  Goethals,  U.  S.  A.,  the  use  of  a  fur- 
nished dwelling  house  on  the  Isthmus  of  Panama,  and  he  will  be 
allowed  and  paid  liis  actual  and  necessary  expenses  while  away  from 
the  Isthmus  on  official  business. 

Theodore  Roosevelt. 

The  White  House,  March  18,  1907. 


102  EXECUTIVE   OKDEHo, 


Under  authority  vested  in  me  by  law,  it  is 

Ordered,  That  the  within  Code  of  Civil  Procedure  shall  be  in  force 
within  the  Canal  Zone  on  and  after  May  1,  1907. 

Theodore  Rooseveet. 
The  White  House,  March  22,  1907. 


ISTHMIAN   CANAL  COMMISSION.  103 


\ 


> 


Mr.  W.  P.  Armstrong,  law  clerk  at  $2400  per  annum  in  the  Isth- 
mian Canal  Commission,  may  be  transferred  to  any  other  competitive 
position  at  a  salary  not  exceeding  $2500  per  annum,  without  refer- 
ence to  the  limitations  of  the  transfer  rule. 

Theodore  Roosevelt, 
The  White  House,  March  26,  1907. 
98987—11 8 


104  EXECUTIVE   ORDERS. 


Lieutenant-Colonel  George  W.  Goethals,  U.  S.  A.,  is  hereby  ap- 
pointed Chairman  of  the  Isthmian  Canal  Commission  effective  this 
date,  vice  John  F.  Stevens,  resigned. 

Chairman  Goethals  will  receive  the  same  compensation  that  was 
fixed  in  the  Executive  Order  of  March  4,  1907,  appointing  him  a 
member  of  the  Isthmian  Canal  Commission. 

Theodore  Roosevelt. 

The  White  House,  April  1,   1907. 


ISTHMIAN   CANAL.  COMMISSION.  105 


i 


Joseph  C.  S.  Blackburn  is  hereby  appointed  a  member  of  the 
Isthmian  Canal  Commission  with  compensation  at  the  rate  of  $14,000 
per  annum,  effective  this  date. 

Commissioner  Blackburn  will  be  allowed  the  use  of  a  furnished 
dwelling  house  on  the  Isthmus  of  Panama  and  will  be  allowed  and 
paid  his  actual  and  necessary  expenses  while  away  from  the  Isthmus 
on  official  business. 

Theodore  Roosevelt. 

The  White  House,  April  1 ,  1907. 


106  EXECUTIVE    OEDEES. 


Ancon,  Canal  Zone,  April  2,  1907. 
By  direction  of  the  President,  it  is  ordered : 

That  until  otherwise  directed,  the  authority  of  the  Governor  or 
Chief  Executive  of  the  Canal  Zone,  under  existing  laws,  resolutions 
and  executive  orders,  shall  be  vested  in  and  exercised  by  the  Chair- 
man of  the  Isthmian  Canal  Commission. 

Wm.  H.  Taft, 

Secretary  of  War. 


ISTHMIAN    CANAL   COMMISSION.  107 


Amendment  to  Civil  Service  Rule  X. 

Section  8,  clause  {a),  of  Rule  X,  is  hereby  amended  to  read  as 
follows : 

' '  {a)  He  must  have  received  absolute  appointment  and  have  actu- 
ally served  in  the  classified  service  at  least  six  months  next  preceding 
the  transfer;  and  if  from  one  Executive  Department  to  another  at 
Washington,  he  must  have  served  at  least  three  years  in  the  Depart- 
ment from  which  the  transfer  is  proposed ;  if  to  or  from  the  Interstate 
Commerce  Commission,  the  Civil  Service  Commission,  the  Isthmian 
Canal  Commission,  the  Government  Printing  OfRce,  the  Smithsonian 
Institution,  or  any  other  independent  bureau,  commission,  or  office 
at  Washington,  he  must  have  served  at  least  three  years  in  the  bureau, 
commission,  office,  or  Department  from  which  transfer  is  proposed; 
but  when,  in  its  judgment,  the  interests  of  the  service  so  require  the 
Civil  Service  Commission  may  waive  the  three  year  limitation  in  cases 
of  transfers  to  or  from  such  independent  bureaus,  offices,  or  com- 
missions at  Washington." 

Theodore  Roosevelt. 

The  White  House,  Ajyril  15,  1907. 


108  EXECUTIVE   ORDERS. 


Under  authority  vested  in  me  by  law  it  is  ordered: 

1.  All  marriages  heretofore  celebrated  in  the  Canal  Zone,  by  a 
minister  of  any  religious  society  or  denomination  authorized  by  the 
forms  and  usages  of  his  society  or  denomination  to  perform  mar- 
riages, or  by  any  judicial  officer  of  the  Canal  Zone,  shall  be  valid, 
anything  contained  in  the  laws  of  the  Republic  of  Panama  hereto- 
fore extended  to  the  Canal  Zone  to  the  contrary  notwdthstanding. 

2.  Any  judicial  officer  of  the  Canal  Zone  or  minister  of  any  religious 
society  or  denomination  in  good  standing  shall  be  authorized  to  cele- 
brate marriages  within  the  Canal  Zone;  provided  that  the  contract- 
ing parties  shall  first  have  procured  a  marriage  license  of  the  circuit 
clerk  of  the  circuit  in  which  the  marriage  is  to  be  performed.  But 
no  such  license  shall  be  issued  unless  the  clerk  is  satisfied  from  the 
oaths  of  the  parties  and  by  other  available  evidence  that  the  man  to 
be  married  is  not  less  than  seventeen  and  the  woman  not  less  than 
fourteen  years  of  age,  and  that  no  legal  impediment  to  the  marriage 
is  known  to  exist. 

3.  The  judicial  officer  or  minister  performing  the  marriage  cere- 
mony shall  certify  that  fact  upon  and  return  the  marriage  license 
to  the  circuit  clerk  issuing  the  same,  for  registration.  The  circuit 
clerk  shall  be  entitled  to  collect  a  fee  of  two  dollars,  gold,  for  issuing 
and  recording  the  return  of  each  marriage  certificate. 

4.  Any  judicial  officer  or  minister  within  the  Canal  Zone  violating 
the  provisions  of  this  order  shall  be  guilty  of  a  misdemeanor. 

Effective  June  1,  1907. 

Theodore  Roosevelt. 
The  White  House,  May  31,  1907. 


•ISTHMIAN   CANAL  COMMISSION.  10& 


Amendment  to  Civil  Service  Rule  X. 

Section  8,  clause  (a),  of  Rule  X,  is  hereby  amended  to  read  as 
follows : 

"  (a)  He  must  have  received  absolute  appointment  and  have  actu- 
ally served  in  the  classified  service  at  least  six  months  next  pre- 
ceding the  transfer;  and  if  from  one  Executive  Department  to 'another 
at  Washington,  he  must  have  served  at  least  three  years  in  the 
Department  from  which  the  transfer  is  proposed;  if  to  or  from  the 
Interstate  Commerce  Commission,  the  Civil  Service  Commission, 
the  Isthmian  Canal  Commission,  the  Government  Printing  Office, 
the  Smithsonian  Institution,  or  any  other  independent  bureau,, 
commission,  or  office  at  Washington,  he  must  have  served  at  least 
three  years  in  the  bureau,  commission,  office,  or  Department  from 
which  transfer  is  proposed;  but  when,  in  its  judgment,  the  interests 
of  the  service  so  require,  the  Civil  Service  Commission  may  waive 
the  three-year  limitation  in  cases  of  transfers  to  or  from  such  inde- 
pendent bureaus,  offices,  or  commissions  at  Washington. 

"The  transfer  of  persons  in  the  classified  service  in  offices  under 
the  supervision  of  one  of  the  nine  Executive  Departments  but 
established  and  located  outside  such  Departments — as  for  instance^ 
employees  and  subordinates  in  postoffices,  pension  agencies,  custom- 
houses, ordnance  establishments,  subtreasuries,  navy  yards,  quarter- 
masters' establishments  the  field  service  of  the  Reclamation  Service, 
and  other  services  in  like  position — shall  not  be  allowed  where  the 
person  whose  transfer  is  proposed  has  not  served  three  years  in  the 
branch  of  the  Executive  Department  from  which  his  transfer  is 
desired,  unless  the  provisions  of  this  section  are  waived  by  the- 
Civil  Service  Commission  in  cases  in  which  in  its  judgment  the 
interests  of  the  service  so  require.  Transfers  between  the  Executive 
Departments  or  independent  bureaus,  commissions,  or  offices,  and 
the  field  services  shall  be  subject  to  the  regulation  last  mentioned." 

Theodore  Roosevelt. 

The  White  House,  June  5,  1907. 


110  EXECUTIVE   ORDERS. 


( 


t 


Mr.  George  S.  Fox,  bookkeeper  at  SI, 500  per  annum,  in  the  Isth- 
mian Service,  may  be  transferred  to  a  classified  position  in  the 
United  States. 

Theodore  Roosevelt. 

The  White  House,  June  11, 1907. 


ISTHMIAN    CANAL   COMMISSION.  Ill 


By  authority  of  the  President  of  tlie  United  States,  it  is  ordered: 

That  Act  No.  24,  enacted  by  the  Isthmian  Canal  Commission  by 
authority  of  the  President  under  date  of  March  1,  1905,  entitled 
"An  Act  providing  for  an  inexpensive  method  of  Administration 
upon  the  Estates  of  Emplo3^es  of  the  Government  of  the  Canal 
Zone,  or  of  the  Isthmian  Canal  Commission,  who  are  citizens  of  the 
United  States  and  who  die  in  the  Canal  Zone,  Isthmus  of  Panama, 
leaving  estates  of  small  value  upon  which  regular  administration  is 
deemed  inadvisable,"  be,  and  the  same  is  hereby,  amended  by  insert- 
ing in  the  third  line  of  Section  1,  after  the  words  "Canal  Zone,"  the 
words  "or  the  Panama  Railroad  Compan}^"  * 

Effective  July  1,  1907.  Wm.  H.  Taft, 

Secretary  of  War. 

War  Department, 

WasMm/ton,  D.  C,  June  22,  1907. 


112  EXECUTIVE    OKDERS. 


Under  authority  vested  in  me  by  law  it  is  ordered: 

1.  On  and  after  July  1,  1007,  the  purchase  of  materials  and  sup- 
plies for  the  Isthn)ian  (^anal  Commission  sliall  be  transferred  to  the 
supervision  of  the  Chief  of  Engineei-s  of  the  Army,  who  shall  main- 
tain a  Purchasing  Department  in  the  ofPices  of  the  Isthmian  Canal 
Commission  in  Washington. 

2.  Officers  of  tlie  United  States  shall  draw  no  additional  compen- 
sation for  services  rendered  in  connection  with  the  Purchasing 
Department  of  the  Isthmian  Canal  Commission. 

Theodore  Roosevelt. 
The  White  Uovi^F.,  July  1 ,  1907. 


ISTHMIAN   CANAL.  COMMISSION.  113 


The  Executive  Order  of  June  11,  1907,  providing  for  the  transfer 
of  Mr.  George  S.  Fox  from  the  Isthmian  Canal  Service  to  the  Federal 
Classified  Service  is  hereby  revoked. 

Theodore  Roosevelt. 

White  House,  August  3,  1907. 


114  EXECUTIVE   OBDEES. 


Under  authority  vested  in  me  by  law  it  is  ordered : 

Effective  August  12,  1907,  the  salaries  of  Lieut.-Col.  W.  C.  Gorgas 

and  Jackson  Smith,   Isthmian  Canal  Commissioners,   are  fixed  at 

$14,000  per  annum. 

Theodore  Roosevelt, 
The  White  House,  August  12,  1907. 


ISTHMIAN    CANAL   COMMISSION.  115 


Under  authority  vested  in  me  by  law,  it  is  ordered : 

1.  Offices  for  the  convenient  execution  of  its  business  within  the 
United  States  shall  be  maintained  by  the  Isthmian  Canal  Commission 
in  Washington. 

2.  The  following  officers  and  employees  of  the  Commission  and  their 
necessary  force  of  assistants  shall  be  provided  with  quarters  therein: 
the  General  Counsel,  General  Purchasing  Officer,  Disbursing  Officer 
in  the  United  States,  Assistant  Examiner  of  Accounts,  Ajjpointment 
Clerk,  Chief  of  Record  Division,  and  Chief  Draftsman. 

3.  The  General  Purcliasing  Officer  shall  provide  the  necessary 
offices  and  their  appointments,  and  shall  have  general  charge  and 
custody  of  the  same  and  of  the  discipline  of  the  clerical  force.  Ap- 
pointments in  the  United  States  of  Commission  employees  shall  be 
made  by  him,  subject  to  the  rules  of  the  civil  service  law  and  of  the 
Cominissian,  He  shall  have  charge  of  the  records  and  archives  of 
the  offices,  and  of  the  distribution  of  correspondence. 

Theodore  Roosevelt. 
The  White  House,  August  lf>,  1907. 


116  EXECUTIVE   ORDERS. 


Under  authority  vested  in  me  by  law  it  is  ordered : 

1.  That  on  and  after  August  15,  1907,  the  positions  of  General 
Auditor  and  Local  Auditor  be  abolished. 

2.  That  there  be  appointed  for  the  Commission  upon  the  Isthmus 
an  Examiner  of  Accounts,  and  in  Washington,  D.  C,  an  Assistant 
Examiner  of  Accounts. 

3.  The  duties  of  the  Examiner  of  Accounts  on  the  Isthmus  shall  be: 
(a)  To  inspect  and  examine  all  vouchers  prepared  and  paid  by  the 

Disbursing  Officer  on  the  Isthmus. 

(h)  To  inspect  from  time  to  time  the  accounts  of  all  officials  of  the 
Commission  on  the  Isthmus  charged  with  the  care  of  the  funds  or 
property  of  the  Commission,  and  to  annually  verify  propertj^  accounts 
by  an  inventory  of  all  property. 

(c)  To  semi-annually,  or  oftener  if  public  interests  seem  to  require, 
count  the  cash  in  the  hands  of  disbursing  officers  and  other  officials 
on  the  Isthmus  intrusted  with  the  custody  of  funds  of  the  Commis- 
sion m'  of  the  Canal  Zone  Government. 

(d)  To  check  up  from  time  to  time  as  the  interests  of  the  Commission 
seem  to  require,  through  inspectors  to  be  appointed  by  him,  the 
returns  of  laborers  and  employees  working  by  the  day  or  upon  an 
hourly  basis  in  any  of  the  several  departments  or  divisions  of  the 
Commission.  Inspectors  now  charged  with  similar  duties  under 
the  Disbursing  Officer  shall  be  transferred  to  the  jurisdiction  of 
the  Examiner  of  Accounts. 

(e)  To  check  from  the  appointment  records  the  pay  rolls  of 
employees  engaged  upon  a  montlily  or  yearly  basis. 

(/)  To  examine  periodically  the  general  books  of  the  Commission 
kept  by  the  Disbursing  Officer. 

(g)  To  keep  a  record  of  claims  payable  to  and  of  accounts  and  bills 
receivable  by  the  Commission,  and  to  check  against  the  same  col- 
lections made  by  the  Disbursing  Officers.  It  shall  also  be  his  duty 
to  direct  the  attention  of  the  Disbursing  Officers  from  time  to  time 
to  unsettled  claims,  accounts,  or  bills  receivable  by  the  Commission, 
and  to  urge  their  collection.  Statements  of  all  claims  due  the  Com- 
mission or  bills  and  accounts  receivable  shall  be  promptly  transmitted 
by  the  department  whence  they  originate  to  the  Examiner  of 
Accounts  in  order  that  he  ma}^  have  an  independent  record  of  the 
claims,  accounts  and  bills  receivable  with  the  collection  of  which 
the  Disbursing  Officer  is  charged.  The  original  evidence  or  docu- 
ments supporting  such  claims,  accounts,  or  bills  receivable  shall  he 
transmitted  to  the  Disbursing:  Officer  for  collection. 


ISTHMIAN    CANAL   COMMISSION.  117 

(h)  All  vouchers  for  accounts  payable  or  receivable  shall  be  exam- 
ined and  checked  by  him  as  soon  after  payment  as  practicable.  He 
shall,  also,  at  a  later  period  and  as  promptly  as  possible  after  trans- 
mission to  him  of  the  Disbursing  Officer's  account  current,  certify 
thereon  his  administrative  exjimination  of  and  transmit  the  same, 
together  with  accompanying  vouchers,  to  the  Auditor  for  the  War 
Department,  for  final  audit.  He  shall  not,  however,  keep  duplicate 
sets  of  vouchers  or  of  the  documentary  or  other  evidence  from  which 
the  vouchers  are  prepared,  but  ma}^  keep  a  voucher  register. 

(i)  If  he  dissents  from  any  voucher  paid  by  the  Disbursing  Officer, 
he  shall  note  his  exceptions  and  submit  the  same  to  the  Disbursing 
Officer  for  correction,  before  the  latter' s  account  current  is  made  up. 
If  an  agreement  shall  not  be  arrived  at  between  the  Examiner  of 
Accounts  and  the  Disl^ursing  Officer,  a  statement  of  the  unadjusted 
differences  shall  be  transmitted  by  the  Examiner  to  the  Auditor  for 
the  War  Department,  with  the  Disbursing  Officer's  account  current. 

(j)  He  shall  also  audit  the  accounts  of  the  Canal  Zone  Government. 

(k)  He  shall  be  appointed  by  and  report  to  the  Chairman  of  the 
Isthmian  Canal  Commission,  and  it  shall  be  his  duty  to  call  the  atten- 
tion of  the  Chairman  to  any  irregularities  in  the  accounts  or  books  of 
any  officer  or  emploj^ee  of  the  Commission. 

4.  The  duties  of  the  Disbursing  Officer  on  the  Isthmus,  in  addition 
to  the  payment  and  disbursement  of  the  funds  of  the  Commission 
upon  properly  prepared  vouchers,  shall  be : 

(a)  To  assemble  the  original  documents,  papers,  and  other  evidence 
from  which  the  vouchers  are  prepared. 

(b)  To  collect  all  claims  due  the  Commission  or  accounts  and  bills 
receivable. 

(c)  To  keep  property  accounts  with  the  various  officers  upon  the 
Isthmus  charged  with  the  custody  or  use  of  property. 

(d)  To  keep  the  general  books  of  the  Commission,  which  shall 
properly  classifj^  all  expenditures  made  by  the  Commission  and  appor- 
tion expenditures  and  the  cost  of  labor  and  supplies  among  the  sev- 
eral departments  in  the  proportion  in  which  they  are  used  by  the 
several  departments. 

(e)  To  furnish  access  at  all  times  to  his  books,  original  papers,  and 
documents,  to  the  Examiner  of  Accounts  and  his  representatives. 

(/)  To  distribute  expenditures  made  by  the  Commission  under  the 
proper  appropriation  heads. 

(g)  His  books  shall  show  the  amount  expended  by  each  of  the 
several  departments  during  each  calendar  month  and  from  the 
'  beginning  of  the  work,  and  exhibit  comparative  statements  of  expend- 
itures for  the  same  calendar  month  of  the  previous  year. 

(h)  His  books  shall  likewise  contain  an  exhibit  of  the  work  done  by 
each  department  of  the  Commission,  and  by  the  Commission  as  a 


118  •  EXECUTIVE   OEDERS. 

whole,  and  shall  show  the  comparative  cost  of  doing  similar  work 
between  corresponding  annual  dates  and  between  the  several  depart- 
ments. 

(i)  In  the  total  cost  of  the  work,  as  performed  by  the  several  depart- 
ments and  by  the  Commission  as  a  whole,  account  shall  be  taken  of 
the  general  expenditures  of  the  Commission,  whether  on  the  Isthmus 
or  in  the  United  States. 

(j)  lie  shall  transmit  weekly  abstracts  of  the  general  books  to  the 
Disbursing  Ollicer  at  Washington,  in  order  that  duplicates  of  the  same 
may  be  kept  in  the  United  States. 

(k)  Requisitions  for  public  funds  shall  be  submitted  to  the  Exam- 
iners of  Accounts,  for  notation. 

5.  The  Assistant  Examiner  of  Accounts,  so  far  as  the  requirements 
of  the  work  in  the  United  States  demand  or  permit,  shall  perform  for 
the  Commission  in  the  United  States  similar  duties  to  those  performed 
by  the  Examiner  of  Accounts  on  the  Isthmus,  and  shall  likewise 
inspect  the  accounts  of  Special  Disbursing  Officers  not  employed  on 
the  Isthmus,  which  shall  be  forwarded  to  him  at  Washington  for  that 
purpose  before  transmission  to  the  Auditor  for  the  War  Department. 
Abstracts  of  approved  expenditures  by  the  Special  Disbursing  Officers 
shall  be  periodically  transmitted  by  him  to  the  Disbursing  Officei- 
upon  the  Isthmus,  ft)r  entry  in  the  general  books. 

6.  The  Disbursing  OfMcer  in  the  United  States,  so  far  as  the  require- 
ments of  the  work  in  the  United  States  demand  or  permit,  shall  per-  * 
form  duties  corresponding  to  those  of  the  Disbursing  Officer  on  the 
Isthmus,  except  that  the  general  books  kept  by  him  shall  only  be 
duplicates  of  the  general  books  kept  by  the  Disbursing  Ofiicer  on  the 
Isthmus.  He  shall  weekly  transmit  to  the  Disbursing  Ofiicer  on  the 
Isthmus  abstracts  of  all  payments,  disbursements,  and  collections 
made  by  him  and  statements  of  approved  vouchers  outstanding. 

7.  The  original  documents  from  which  the  vouchers  "are  prepared 
shall  be  transmitted  to  the  Auditor  of  the  Treasury  for  the  War 
Department  by  the  several  Disbursing  Officers,  with  their  accounts 
current,  through  the  Examining  Officers.  Duplicates  of  such  docu- 
ments, however,  shall  be  retained  in  the  offices  of  the  several  Disburs- 
ing Officers,  as  part  of  the  records  of  the  Commission. 

Theodore  Roosevelt. 
The  White  IIouke,  August  15,  1907. 


ISTHMIAN    CANAL,   COMMISSION.  119 


Effective  this  date,  Major  Harry  F.  Hodges  is  appointed  General 
Purchasing  Officer  of  the  Isthmian  Canal  Commission,  under  the 
supervision  of  the  Chief  of  Engineers  of  the  United  States  Army. 

Requisitions  for  advancement  of  funds  and  sup|)lies,  and  all 
vouchers  before  payment,  payable  in  the  United  States  from  appro- 
priations of  the  Isthmian  Canal  Commission,  shall  be  approved  by 
the  General  Purchasing  Officer,  for  and  on  behalf  of  the  Chairman  of 
the  Commission;  and  vouchers  for  payment  for  supplies  purchased 
through  the  Purchasing  Department  in  the  United  States  shall,  in 
addition,  be  certified  to  be  correct  by  the  Chief  Clerk  of  the  Pur- 
chasing Department,  who  shall  also  have  power  to  receipt  for  the 
supplies. 

In  the  absence  of  the  General  Purchasing  Officer,  vouchers  shall 
be  approved  b}^  any  one  who  may  be  designated  by  the  Chairman  to 
act  for  the  General  Purchasing  Officer  in  the  latter's  absence. 

By  direction  of  the  President. 

Wm.  H.  Taft, 
Secretary  of  ^Yar. 

War  Department, 

WasJiington ,  D.  C,  August  15,  1907, 

98987—11 9 


120  EXECUTIVE   ORDERS. 


By  direction  of  the  President,  it  is  ordered : 

That  C.  Arosemena  and  S.  Le\\'is,  representatives  of  the  RepubHc 
of  Panama  upon  the  joint  tribunal  assembled  under  Article  YI  of  the 
Treaty  between  the  United  States  and  the  Republic  of  Panama 
proclaimed  February  26,  1904,  during  the  current  year,  be  paid 
fifteen  dollars  per  day  for  the  time  actually  employed  by  them  as 
members  of  the  joint  tribunal. 

Wm.  H.  Taft, 
Secretary  of  War. 
War  Department, 

Washington,  D.  C,  August  15,  1907. 


ISTHMIAN   CANAL,  COMMISSION.  121 


By  direction  of  tlie  President,  it  is  ordered: 

Tliat  Messrs.  B.  S.  Ambler  and  Montgomery  Blair,  joint  commis- 
sioners under  Articles  VI  and  XV  of  the  Treaty  between  the  United 
States  and  the  Republic  of  Panama  of  February  26,  1904,  be  allowed 
their  traveling  expenses  and  per  diem  from  the  time  they  left  Wash- 
ington until  their  return  to  Washington. 

Wm.  H.  Taft, 

Secretary  of  War. 
War  Department, 

WasJiington,  D.  C,  August  17,  1907. 


122  EXECUTIVE   OEDEES, 


By  direction  of  the  President,  it  is  ordered: 

Contract  between  the  Istlimian  Canal  Commission  and  the  Repub- 
lic of  Panama  as  approved  by  the  Commission  June  7th,  as  modified 
by  the  Isthmian  Canal  Commission  and  the  Republic  of  Panama  and 
approved  by  the  Commission  August  15,  1907,  is  hereby  approved. 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War. 
War  Department, 

Washington,  D.  C,  September  4, 1907. 

Note. — The  above  order  relates  to  the  agreement  respecting  water 
rates  in  the  City  of  Panama. 


ISTHMIAN    CANAL   COMMISSION.  123 


By  direction  of  the  President,  it  is  ordered: 

That  resolution  adopted  by  the  Isthmian  Canal  Commission  at  a 
meeting  held  on  August  1,  1907,  reading  as  follows,  is  hereby  ap- 
proved : 

Resolved,  That  the  regulations  respecting  the  sale  of  intoxicating  liquors  in  the  Canal 
Zone,  approved  at  the  one  hundred  and  twenty-fifth  meeting  of  the  Commission  held 
April  27,  1907,  be,  and  the  same  are  hereby,  amended,  by  inserting  at  the  end  of  Sec- 
tion 11,  as  a  part  thereof,  the  following: 

"This  Section  is  not  intended  to  prevent  the  proprietor  of  any  hotel  or  restaurant, 
holding  a  license  for  the  sale  of  liquor  in  a  room  in  the  same  building  with  such  hotel 
or  restaurant,  from  serving  to  guests  in  the  dining  room  of  such  hotel  or  restaiurant, 
with  bona  fide  meals,  liquors  sold  at  his  bar  in  the  same  building." 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War. 
War  Department, 

Washington,  D.  O.,  September  4,  1907. 


124  EXECUTIVE   ORDERS. 


By  direction  of  the  President,  it  is  ordered : 

That  Ramon  Arias  F.,  a  representative  of  the  Republic  of  Panama 
upon  the  joint  tribunal  assembled  under  Article  VI  of  the  Treaty 
between  the  United  States  and  the  Republic  of  Panama  proclaimed 
February  26,  1904,  during  the  current  year,  be  paid  fifteen  dollars 
per  day  for  four  days'  time  actually  employed  by  him  as  a  member  of 

the  joint  tribunal. 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War. 

War  Department, 

WasUngton,  D.  C,  September  13,  1907. 


ISTHMIAN    CANAL   COMMISSION.  125 


By  direction  of  the  President,  it  is  ordered: 

That  Resolution  of  the  Isthmian  Canal  Commission  of  August  31, 
1907,  amending  paragraph  2  of  sub-section  i  of  Section  7  of  the  regu- 
lations providing  for  certain  taxes  and  licenses  in  the  Canal  Zone, 
other  than  for  the  sale  of  intoxicating  liquors,  adopted  by  the  Isthmian 
Canal  Commission  April  27,  1907,  so  as  to  read  as  follows,  is  hereby 
-approved : 

''Sec.  7.  (i). 

"  (2)  Minstrel,  musical,  variety,  and  all  other  similar  shows  or 
exhibitions  given  under  canvas  or  within  an  enclosure,  S5  for  each 
performance  or  exhibition." 

Robert  Shaw  Oliver, 
Acting  Secretary  of  War. 
War  Department, 

WasUngton,  D.  G.,  September  IS,  1907. 


126  EXECUTIVE   ORDERS. 


i 

4 


By  direction  of  the  President,  it  is  ordered : 

That  the  purchase  of  464,000  sand-hme  building  bricks  of  Rogers 
&  Company  of  Baranquilla,  Colombia,  at  $14.50  per  thousand  delivered 
free  of  all  charges  on  dock  at  Colon,  Isthmus  of  Panama,  is  hereby 
approved. 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War. 
War  Department, 

Washington,  D.  C,  September  25,  1907. 


ISTHMIAN    CANAL,   COMMISSION".  127 


By  direction  of  the  President,  it  is  ordered : 

The  resolution  of  the  Isthmian  Canal  Commission  adopted  at  a 
meeting  held  at  Ciilebra,  September  25,  1907,  amending  Section  5  of 
the  Rules  and  Regulations  Governing  the  Sanitary  Installation  of 
Water  and  Sewers  in  the  Cities  of  Panama  and  Colon,  Republic  of 
Panama,  approved  at  the  one  hundred  and  thirteenth  meeting  of  the 
Isthmian  Canal  Commission,  held  July  9,  1906,  is  hereby  approved  in 
the  form  following: 

Section  5.  All  buildings  that  are  now  or  may  hereafter  be  erected, 
abutting  on  or  adjacent  to  any  street  in  which  there  is  an  accessible 
public  sewer  or  water  main,  shall  be  connected  with  one  or  both 
thereof,  as  ths  case  may  be,  and  proper  sanitary  fixtures  installed,  in 
strict  accordance  with  the  terms  and  conditions  of  these  "Rules  and 
Regulations,"  upon  written  notice  from  the  Superintendent  of  Public 
Works,  unless  permission  to  omit  such  connection  and  sanitary  fixtures 
is  specifically  given  in  writing  by  the  Chief  Sanitary  Officer  of  the 
Government  of  the  Canal  Zone,  a  copy  of  such  permission  being  for- 
warded to  the  Superintendent  of  Public  Works  by  the  Chief  Sanitary 
Officer.  Where  permission  is  not  given  in  writing  to  omit  such  con- 
nections with  sewsr  or  water  main,  or  both,  and  such  sanitary  fixtures 
as  above  provided,  the  owner  or  representative  of  the  owner  of  said 
premises  must  comply  with  the  written  order  of  the  Superintendent 
of  Public  Works  and  make  said  connections,  and  install  proper  sani- 
tary fixtures,  in  strict  accordance  with  the  terms  and  conditions  of 
these  "Rules  and  Regulations"  w'thin  thirty  days  from  the  receipt 
of  such  written  notice  from  the  Superintendent  of  Public  Works;  and 
in  the  event  that  said  owner  or  representative  of  said  owner  fails, 
neglects,  or  refuses  to  comply  with  the  said  written  notice,  it  shall  be 
lawful  for  the  Superintendent  of  Public  Works  to  make  such  connec- 
tions and  install  said  sanitary  fixtures,  in  accordance  with  the  terms 
and  conditions  of  these  "Rules  and  Regulations,"  and  the  entire 
expense  incurred  thereby  shall  be  chargeable  against  said  property, 
become  a  lien  thereon,  and  be  collected  in  the  manner  in  which  water 
rents  are  collected.  Every  building  used  as  a  dwelling  house  shall 
have  at  least  one  water-closet  for  each  family,  also  one  sink  and  one 


128  EXECUTIVE   OEDERS. 

bath.  In  a  tenement,  lodging-house,  or  hotel,  there  must  be  at  least 
one  water-closet  for  every  15  persons  and  one  bath  for  every  25  per- 
sons. All  applications  for  the  installation  of  water  fixtures  or  for 
making  sewer  connections  shall  be  first  submitted  to  the  Health 
Officer  and  by  him  approved. 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War. 
War  Department, 

Washington,  D.  C,  October  16,  1907. 


ISTHMIAN   CANAL   COMMISSION.  129 


Powers  of  the  Isthmian  Canal  Commission  and  Its  Chairman 

Newly  Defined. 

The  Executive  Order  of  November  17,  1906,  is  hereby  modified 
as  follows : 

The  Commission  shall  hold  sessions  upon  the  Isthmus  at  the  call 
of  the  Chairman.  Four  members  shall  constitute  a  quorum  and  the 
action  of  such  majority  shall  be  the  action  of  the  Commission. 

The  Commission,  under  the  supervision  of  the  Secretary  of  War 
and  subject  to  the  approval  of  the  President,  is  charged  with  the 
general  duty  of  the  adoption  of  plans  for  the  construction  and  mainte- 
nance of  the  canal;  with  the  employment  and  the  fixing  of  the  com- 
pensation of  engineers  or  other  persons  necessary  for  the  proper  and 
.expeditious  prosecution  of  said  work;  with  the  making  of  all  contracts 
for  the  construction  of  the  canal  or  any  of  its  needful  accessories; 
with  the  duty  of  making  to  the  President  annually,  or  at  such  other 
periods  as  may  be  required  either  by  law  or  the  order  of  the  President, 
full  and  complete  reports  of  all  their  actings  and  doings  and  of  all 
moneys  received  and  expended  in  the  construction  of  said  work 
and  in  the  performance  of  their  duties  in  connection  therewith;  and 
with  the  duty  of  advising  and  assisting  the  Chairman  in  the  execution 
of  the  work  of  canal  construction,  with  the  government  and  sanita- 
tion of  the  Canal  Zone  and  with  all  matters  of  sanitation  in  the  cities 
of  Panama  and  Colon  and  the  harbors  thereof,  and  with  the  purchase 
and  delivery  of  supplies,  machinery  and  necessary  plant. 

For  the  proper  prosecution  of  the  work,  the  organization  shall  be 
divided  by  the  Chairman,  with  the  approval  of.  the  Secretary  of  War 
or  the  President,  into  such  Departments  as  seem  advisable. 

Among  such  Departments  shall  be  a  Department  of  Construction 
and  Engineering,  which  may  be  subdivided  into  Divisions  in  the  dis- 
cretion of  the  Chairman,  who  will  also  be  the  Chief  Engineer. 

A  Department  of  Civil  Administration,  charged  with  the  duty  of 
administering  the  civil  government  within  the  Canal  Zone. 

A  Department  of  Law,  charged  with  the  general  supervision  of 
the  legal  matters  pertaining  to  the  Commission,  whether  in  the  United 
States  or  on  the  Isthmus  of  Panama,  including  the  acquisition  of 
right  of  way  and  the  adjustment  of  land  damages. 

A  Department  of  Sanitation,  charged  with  the  duty  of  preserving 
the  sanitation  and  health  conditions  upon  the  Isthmus.    • 


130  EXECUTIVE    ORDERS. 

A  Purchasing  Department,  charged  with  the  purchase  of  all  supplies, 
machinery  and  necessary  plant. 

A  Department  of  Disbursements,  charged  with  the  preparation  of 
vouchers  and  the  disbursement  of  funds  for  the  Commission,  and 
with  the  keeping  of  the  general  books  of  the  Commission,  upon  the 
Isthmus. 

A  Department  of  Examination  of  Accounts,  charged  with  the 
duty  of  examining  into  and  checking  the  accounts  of  the  persons 
charged  with  the  custody  and  disposition  of  the  property  and  funds 
of  the  Commission. 

A  Department  charged  with  the  duty  of  employing  the  necessary 
common  labor  for  the  Commission;  with  the  keeping  of  the  personal 
records  of  employes;  with  the  care  of  quarters;  and  with  the  operation 
of  Commission  hotels  and  mess-houses. 

Each  of  the  foregoing  Departments  shall  discharge  such  further 
duties  as  may  be  assigned  to  it  from  time  to  time  by  the  Chairman; 
and  the  Chairman,  with  the  approval  of  the  Secretary  of  War  or  the 
President,  may  transfer  from  time  to  time  specific  duties  from  one 
Department  to  another. 

The  Heads  of  the  several  Departments  shall  be  appointed  by  and 
report  to  the  Chairman,  and  their  salaries,  except  as  otherwise  pro- 
vided, shall  be  fixed  by  him,  subject  to  the  disapproval  of  the  Com- 
mission. 

Officers  and  employes  in  the  several  Departments  shall  be  appointed 
and  their  salaries  primarily  fixed  by  the  Head  of  the  Department  in 
which  they  are  engaged,  after  consultation  with  the  Chairman  of  the 
Commission. 

Contracts  for  the  purchase  of  supplies,  involving  an  estimated 
expenditure  exceeding  $10,000,  shall  be  made  only  after  due  public 
advertisement  in  newspapers  of  general  circulation,  and  shall  be 
awarded  to  the  lowest  responsible  bidder,  except  in  case  of  emergency, 
when,  with  the  approval  of  the  Secretary  of  War,  advertising  may 
be  dispensed  with. 

In  the  making  of  contracts  for  supplies  or  construction  involving 
an  estimated  expenditure  of  more  than  $1,000  and  less  than  $10,000, 
competitive  bids  shall  be  secured  by  inv'tation  or  advertisement 
whenever  practicable. 

The  Head  of  each  Department  shall  make  a  report  upon  the  work 
and  operation  of  his  Department  to  the  Chairman  of  the  Commission 
as  often  as  may  be  required. 

The  Chairman  of  the  Commission  shall  make  a  report  to  the  Sec- 
retary of  AVar  setting  forth  the  results  accomplished  by  each  Depart- 
ment of  the  work  at  least  annually,  and  as  often  as  he  may  deem 
advisable  or  the  Secretary  may  require. 


ISTHMIAN    CANAL   COMMISSION.  131 

The  Secretary  of  War  shall  make  to  the  President  a  report  at  least 
annually  and  as  often  as  he  may  deem  advisable  or  the  President 
may  require. 

All  members  of  the  Commission  shall  reside  npon  the  Isthmus, 
except  when  on  leave  of  absence,  which  will  be  granted  to  members 
of  the  Commission  by  the  Chan-man  and  to  the  Chairman  b}^  the 
Secretary  of  War. 

In  case  of  absence  from  the  Isthmus,  the  Chairman  will  designate 
a  member  of  the  Commission  to  act  in  his  stead. 

All  Executive  Orders  relating  to  the  Panama  Canal  excepting  so 
far  as  they  may  be  inconsistent  with  the  present  Order,  remain  in 
force. 

Effective  this  date,  January  6,  1908. 

Theodore  Roosevelt. 


War  Department, 

Washington ,  January  5,  1908. 

My  Dear  Mr.  President:  I  enclose  herewith  a  form  of  Executive 
Order  for  your  signature,  defining  the  duties  of  the  Isthmian  Canal 
Commission,  the  duties  of  the  Chairman  of  the  Commission,  and  the 
duties  of  the  Secretary  of  War  in  relation  to  Canal  matters.  This 
order  makes  substantially  no  change  in  the  authority  of  the  Com- 
mission, the  Chairman  and  Secretary  of  War  as  now  exercised,  except 
perhaps  in  respect  to  a  few  duties  of  a  detailed  executive  character 
which  are  transferred  from  the  Commission  to  the  Chairman,  leaving 
the  Commission  still  in  general  charge  of  the  construction  of  the 
Canal,  as  provided  by  law.  Canal  matters  have  been  conducted 
under  previous  Executive  Orders  with  informal  amendments  from 
time  to  time  which  it  is  difficult  for  anyone  not  very  familiar  with  the 
history  of  Canal  matters  either  to  find  or  understand.  For  that 
reason,  it  seems  wise  now  to  cover  the  matter  by  a  new  order  which  is 
not  an  amendment  or  a  change  except  as  to  the  unimportant  details 
referred  to,  but  merely  a  comprehensive  revision  of  existing 
provisions. 

Very  sincerely  yours,  Wm.  H.  Taft. 

The  President. 

Enclosure. 


132  EXECUTIVE    ORDERS. 


Under  authority  vested  in  me  by  law,  it  is  ordered : 

That  Title  XIV.  of  Act  No.  14  of  the  Penal  Code  of  the  Laws  of 

the  Canal  Zone  be  amended,  effective  January  15,  1908,  by  adding 

thereto  the  following  section : 

Section  293-a. 

Sub-section  1,  Every  vagrant  or  person  found  withm  the  Canal 
Zone  without  legitimate  business  or  visible  means  of  support;  and 

Sub-section  2.  Every  mendicant  or  habitual  beggar  found  within 
the  Canal  Zone;  and 

Sub-section  3.  Every  person  found  within  or  loitering  about  any 
laborers'  camp,  mess  house,  quarters,  or  other  Isthmian  Canal  Com- 
mission building,  or  any  railroad  car,  or  station,  or  other  building  of 
the  Panama  Kail  Road  Company,  or  any  dwelling  or  other  building 
owned  by  any  private  person^  without  due  and  proper  authority  and 
permission  so  to  be;  or  peddling  goods  or  merchandise  about  any 
laborers'  camp  or  mess  house  during  hours  when  laborers  are  ordi- 
narily employed  at  work,  or  in  or  about  places  where  groups  of  men 
are  at  work;  and 

Sub-section  4.  Every  person  found  in  the  Canal  Zone  in  an  intoxi- 
cated condition  or  under  the  influence  of  liquor;  and 

Sub-section  5.  Every  person  who  shall,  in  the  Canal  Zone,  engage 
in  any  kind  of  disorderly  conduct  or  breach  or  disturbance  of  the 
peace;  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fuie  not  to  exceed  $25,  or  by  imprisonment 
in  jail  not  to  exceed  30  days,  or  by  both  such  fine  and  imprisonment. 

Theodore  Roosevelt. 

The  White  House,  January  9,  1908. 


ISTHMIAN   CANAL  COMMISSION.  133 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

1.  Wlienever  there  shall  remain  in  the  possession  of  any  common 
carrier  witliin  the  Canal  Zone  any  freight,  baggage,  or  other  property, 
transported  by  or  deposited  with  the  common  carrier  at  any  point 
within  the  Canal  Zone,  which  shall  have  remained  unclaimed  by  the 
owner  or  consignee  for  a  period  of  six  months,  and  upon  which  there 
shall  remain  unpaid  or  shall  have  accumulated  freight  charges  or 
charges  for  handling  and  storage,  it  shall  be  lawful  for  the  common 
carrier  to  sell  the  same  at  public  auction,  at  some  designate'd  point 
within  the  Canal  Zone,  after  having  advertised  the  sale,  with  a  short 
description  of  the  property  to  be  sold,  for  a  period  of  three  weeks 
in  some  newspaper  of  general  circulation  wdthin  the  Canal  Zone. 

2 .  In  all  cases  where  any  such  property  is  of  a  perishable  character, 
the  carrier  shall  be  authoi;ized  to  apply  to  any  judge  of  the  circuti 
court  within  the  Canal  Zone,  or,  if  the  property  shall  be  of  less  value 
than  one  hundred  dollars,  to  any  district  judge  within  the  Canal 
Zone,  upon  ,an  affidavit  describing  briefly  the  property  to  be  sold,  its 
unclaimed  state,  and  its  perishable  character,  for  an  order  for  im- 
mediate sale,  upon  such  terms  as  to  notice  as  the  nature  of  the  case 
may  admit  of,  and  as  to  such  court  or  courts  as  shall  seem  proper. 

3.  Before  advertising  the  property  for  sale  the  same  shall  be  opened 
by  the  carrier,  and  if  it  contains  any  indication  of  the  owner  or  con- 
signee, a  written  notice  of  the  existence  of  the  unclaimed  property 
and  of  the  intention  to  sell  the  same  at  public  auction  shall  be  mailed 
by  the  carrier  to  the  owner  or  consignee,  at  any  indicated  address, 
four  weeks  before  the  date  of  actual  sale. 

4.  The  residue  of  moneys  received  from  such  sale  under  the  fore- 
going sections,  after  deducting  the  accumulated  charges  for  trans- 
portation, cost  of  handling  and  storage,  demurrage,  and  the  cost  and 
expense  of  the  proceedings  authorizing  the  advertising  and  sale, 
shall  be  held  for  a  period  of  three  years,  and  shall  be  paid  to  the  owner 
of  such  freight,  baggage,  or  other  property,  on  demand.  If  at  the 
end  of  the  three-year  period  the  said  residue  shall  not  have  been 
claimed  by  the  owner,  it  shall  be  paid  into  the  Treasury  of  the  Canal 
Zone  Government,  to  the  credit  of  the  public  school  fund. 

Theodore  Roosevelt. 
The  White  House,  January  9,  1908. 


134  EXEGUTlVi:    UKDERS. 


Under  authority  vested  in  me  by  law,  it  is  ordered : 

That  Section  22  of  Act  No.  1  of  the  Laws  of  the  Canal  Zone  is  hereby 
amended  to  read  as  follows: 

Section  22. — The  Canal  Zone,  Isthmus  of  Panama,  shall  be  divided 
into  three  Judicial  Circuits. 

The  First  Judicial  Circuit  shall  be  composed  of  the  Administrative 
District  of  Ancon. 

The  Second  Judicial  Circuit  shall  consist  of  the  Administrative 
Districts  of  Emperador  and  Gorgona. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  Administrative 
District  of  Cristobal. 

Theodore  Roosevelt. 

The  White  House,  January  9,  1908. 


ISTHMIAN    CANAL   COMMISSION.  135 


Under  aiitliority  vested  in  me  by  law,  it  is  ordered : 

1.  That,  until  further  ordered,  Law  No.  6,  of  March  11,  1904,  of 
the  Republic  of  Panama,  as  applied  and  construed  by  the  Executive 
Decree  of  April  15,  1904,  is  hereby  extended  to  and  made  applicable 
to  the  Canal  Zone. 

2.  The  fines  proyided  for  in  the  said  law  shall  apply  to  any  company 
or  individual  who  shall  omit  to  prevent  the  escape  of  any  transient 
of  the  nationality  named  in  said  law  into  the  Canal  Zone,  and  shall  in 
all  cases  be  imposed  by  the  court  of  the  Canal  Zone  district  in  which 
the  \dolation  of  the  law  occurs,  upon  information  of  the  Collector  of 
Revenue  or  of  the  Prosecuting  Attorney  of  the  Canal  Zone. 

This  order  shall  not  apply  to  any  individuals  introduced  by  the  Isth- 
mian Canal  Commission  or  by  its  authority,  for  the  purpose  of  tempo- 
rarily laboring  upon  or  in  connection  with  the  construction  of  the 
Isthmian  Canal. 

Theodore  Roosevelt. 

The  White  House,  January  9,  1908. 

98987—11 10 


136  EXECUTIVE   OEDEES. 


Rule  VIII  of  the  civil  service  rules  is  hereby  amended  to  read  as 
f  oUows : 

RULE   VIII. — TEMPORARY   APPOINTMENT. 

1.  Temporary  appointment  without  examination  and  certification 
by  the  Commission  shall  not  be  made  to  a  competitive  position  in  any 
case  except  when  the  public  interest  so  requires  and  then  only  upon 
the  prior  authorization  of  the  Commission;  and  any  appointment  so 
authorized  shall  continue  only  for  such  period  as  may  be  necessary  to 
make  appointment  through  certification  of  eligibles  and  in  no  case 
without  prior  approval  of  the  Commission  shall  extend  beyond  thirty 
days  from  receipt  by  the  appointing  officer  of  the  Commission's  certifi- 
cate; and  when  a  vacancy  is  to  be  filled  by  promotion  or  transfer  for 
which  the  Commission's  certificate  is  not  required  and  a  temporary 
appointment  is  authorized  by  the  Commission  under  the  provisions  of 
this  section  pending  the  promotion  or  transfer,  such  temporary 
appointment  shall  in  no  case  continue  beyond  the  period  of  thirty 
days,  without  prior  approval  of  the  Commission. 

2.  When  there  are  no  eligibles  upon  a  register  for  any  grade  in 
which  a  vacancy  exists  and  the  public  interest  recfuires  that  it  be 
filled  before  eligibles  can  be  provided  by  the  Commission,  then  the 
Commission  may  authorize  temporary  appointment  without  exami- 
nation. Such  appointment  shall  continue  only  for  such  })eriod  as 
may  be  necessary  to  make  appointment  through  certification  and  in 
no  case  without  prior  approval  of  the  Commission  shall  extend 
beyond  thirtj^  days  from  the  receipt  by  the  appointing  officer  of  the 
Commission's  certification  of  eligibles. 

3.  When  there  is  at  least  one  eligible  and  not  more  than  two  eligi- 
bles on  a  register  for  any  grade  in  which  a  vacancy  exists,  the  Com- 
mission shall,  upon  requisition  from  the  proper  appointing  officer, 
certify  the  name  of  the  one  eligible  or  the  names  of  the  two  eligibles, 
which  shall  be  considered  by  the  appointing  officer  with  a  view  to 
probational  appointment;  and  if  the  appointing  officer  shall  elect  not 
to  make  probational  appointment  from  such  certificate  of  less  than 
three  names,  then  if  temporary  appointment  is  required  it  shall  be 
made  from  such  certificate  unless  reasons  satisfactory  to  the  Com- 
mission are  given  why  such  appointment  should  not  be  made.  Such 
temporary  appointment  may  continue  until  three  eligibles  are  pro- 
vided. If  selection  is  not  made  from  the  certificate  for  either 
probational  or  temporary  appointment  under  the  ])rovisions  of  this 


ISTHMIAN    CANAL   COMMISSION.  137 

section,   then  temporary  appointment,   if  required,   may  be  made 
under  the  provisions  of  section  2  of  this  rule. 

4.  When  there  is  work  of  a  temporary  character,  at  the  completion 
of  which  the  services  of  an  additional  employee  will  not  be  required, 
a  temporary  appointment  may  be  made  with  the  prior  consent  of  the 
Commission  for  a  period  not  to  exceed  three  months,  and  may  with 
like  consent  of  the  Commission  be  extended  for  a  further  period  of 
three  months.  Such  temporary  appointment  shall  be  made  through 
certification  from  the  Commission's  eligible  registers  unless  the  Com- 
mission shall  decide  in  any  case  that  there  are  no  available  eligibles. 
Such  temporary  appointment  shall  not  extend  beyond  six  months 
unless  there  are  no  eligibles  available  for  the  additional  period  or 
under  unusual  circumstances  which  seem  to  the  Commission  to  justify 
an  extension  beyond  six  months ;  and  in  no  case  shall  such  temporary 
appointment  extend  beyond  six  months  for  aliy  purpose  other  than 
to  complete  the  job  of  work  for  which  the  person  was  originally 
employed.  The  Commission  may  restrict  certification  for  tempo- 
rary appointment  to  such  eligibles  as  by  reason  of  residence  or  other 
conditions  are  immediately  available. 

5.  The  acceptance  of  an  eligible  of  a  temporary  appointment  shall 
nor  affect  Ms  standing  on  any  register  for  permanent  employment, 
and  experience  gained  as  a  temporary  appointee  shall  in  no  way  vary 
the  order  of  certification  for  permanent  appointment.  A  temporary 
appointment  may  be  made  permanent  when  the  temporary  appointee 
is  within  reach  for  permanent  appointment  at  the  time  of  his  tempo- 
rary appointment  or  in  case  he  is  so  mtliin  reach  during  his  temporary 
service.  In  such  case  the  probational  appointment  may  date  from 
the  time  when  he  became  within  reach  for  probational  appointment. 
A  person  who  has  been  temporarily  employed  under  the  provisions  of 
one  section  of  tliis  rule  shall  not  for  that  reason  be  ineligible  for 
employment  under  any  other  section.  Any  appointment  under  sec- 
tions 1,  2,  or  3  of  this  rule  shall  be  promptly  reported  by  letter  to  the 
Commission,  as  made,  with  a  statement  of  the  action  taken  for  making 
permanent  appointment.  The  Commission  is  authorized  to  inspect 
the  records  of  any  Department  or  office  to  aid  it  in  observing  and 
enforcing  the  operation  of  the  provisions  of  this  rule  and  reporting 
thereon  to  the  President. 

Theodore  Roosevelt. 
The  White  House,  January  27,  1908. 


138  EXECUTIVE   ORDERS. 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

1.  In  all  criminal  prosecutions  in  the  Canal  Zone  wherein  the 
penalty  of  death  or  imprisonment  for  life  may  be  inflicted,  the  accused 
shall  enjoy  the  right  of  trial  by  an  impartial  jury  of  the  district  in 
which  the  crime  shall  have  been  committed,  to  be  chosen  as  follows: 

2.  The  clerk  of  the  circuit  court,  the  district  judge,  and  the  collector 
of  revenue  for  the  administrative  district  within  the  circuit  in  which 
the  crime  shall  have  been  committed,  shall  constitute  a  jur}'  com- 
mission for  that  circuit.  In  the  second  judicial  district,  the  district 
judge  and  the  collector  of  revenue  to  be  members  of  the  jury  commis- 
sion shall  be  designated  by  the  circuit  judge,  upon  this  order  becoming 
effective  and  annually  thereafter,  or  as  often  as  a  vacancy  may  occur 
in  the  jury  commission. 

3.  Prior  to  the  first  day  of  the  term  of  any  circuit  court,  upon  appli- 
cation of  the  prosecuting  attorney,  or  by  direction  of  the  judge  of  the 
circuit  in  which  the  crime  shall  have  been  committed,  the  jury  com- 
mission shall  asseml)le  and  select  the  names  of  sixty  male  resitlents  of 
the  Canal  Zone,  between  the  ages  of  twenty-one  and  sixty-five  years, 
in  good  standing  and  in  full  possession  of  their  ordinary  faculties,  who 
shall  have  resided  within  the  Canal  Zone  for  not  less  than  three  months 
previously,  and  who  shall  be  able  to  read,  write,  and  understand  the 
English  language.  Attorneys  at  law,  physicians,  ministers  of  an 
established  religion,  members  of  the  military,  naval,  and  police  forces, 
and  officers  of  the  Commission  of  the  rank  and  above  the  rank  of 
resident  engineers,  shall  be  exempt  from  jury  ser^dce.  The  names 
of  the  persons  so  selected  shall  be  written  by  one  of  the  commissioners 
upon  slips  of  paper,  folded  so  as  to  conceal  the  names,  in  a  uniform 
manner,  and  placed  in  a  jury  box. 

4.  Upon  the  first  day  of  the  term,  unless  an  adjournment  of  the 
trial  beyond  the  term  shall  be  granted,  the  judge  shall  select  from  the 
jury  box  the  names  of  thirty  jurors  to  constitute  the  panel  for  the 
trial  of  the  defendant.  The  said  jurors  shall  thereupon  be  summoned 
by  a  written  notice,  served  upon  them  by  the  marshal  of  the  court, 
to  attend  at  the  trial  of  the  defendant  upon  a  day  named.  If  it 
appear  that  any  of  the  jurors  whose  names  have  been  selected  are 
absent  from  the  Canal  Zone,  or  incapacitated  from  other  cause  from 
attending  as  jurors,  the  judge,  upon  the  application  of  the  marshal, 
shall  draw  the  names  of  other  jurors  and  direct  their  summons  until 
a  panel  of  thirty  jurors  shall  be  assembled. 


ISTHMIAN    CANAL   COMMISSION.  139 

5.  Upon  calling  the  case  for  trial,  twelve  jurors  shall  be  called  to  try 
the  defendant  in  the  order  in  which  their  names  shall  have  been  first 
drawn  for  summons  by  the  circuit  judge.  Either  side  shall  have  the 
right  to  challenge  any  juror  for  cause,  and,  in  addition  thereto,  the 
defendant  and  prosecuting  attorney  shall  each  have  the  right  to  chal- 
lenge arbitrarily  six  of  the  said  jurors.  If  the  original  panel  of  thirty 
shall  be  exhausted  without  securing  twelve  impartial  jurors  to  try 
the  defendant,  the  names  of  other  jurors  shall  be  drawTi  by  the  circuit 
judge  from  the  jury  box  and  such  jurors  summoned  until  the  jury 
shall  have  been  completed. 

6.  The  jury  so  selected  shall,  under  the  instructions  of  the  court, 
and  in  conformity  with  the  procedure  prevailing  in  the  Federal  courts 
of  the  United  States,  determine  whether,  under  the  facts  as  proved,  the 
defendant  is  guilty  or  not  guilty.  They  shall  conduct  their  delibera- 
tions in  secret,  and  shall  return  a  verdict  of  guilty  or  not  guilty,  which 
must  be  unanimous.     Sentence  shall  be  pronounced  by  the  court. 

7.  The  circuit  judge  shall  have  the  discretion  to  require  the  jury  to 
be  kept  together  and  apart  from  the  public  from  the  time  they  are 
sworn  until  their  verdict  shall  be  returned.  If  they  be  kept  together, 
suitable  provision  shall  be  made  by  the  marshal  of  the  court  for  their 
subsistence  and  lodging.  The  jurors  shall  be  allowed  a  jury  fee  of 
two  dollars  for  each  day  actually  summoned  to  court  and  engaged  in 
the  trial  of  a  crimmal  action.  The  cost  of  subsistence  and  lodgmg 
of  the  jurors  and  the  fees  for  the  jurors'  attendance  shall  be  paid  from 
the  Treasury  of  the  Canal  Zone,  upon  a  voucher  duly  approved  by  the 
circuit  judge. 

8.  It  shall  in  all  cases  be  optional  with  defendants  to  be  tried  before 
a  jury  as  provided  for  in  this  order,  or  under  the  procedure  prescribed 
in  Section  171  of  the  Laws  of  the  Canal  Zone.  The  accused  shall,  how- 
ever, in  person  or  through  his  attorney,  file  a  written  statement  with 
the  clerk  of  the  circuit  court  before  which  his  trial  is  to  take  place,  on 
the  first  day  of  the  term  for  which  the  trial  is  set,  stating  the  procedure 
by  which  he  desires  to  be  tried.  The  procedure  having  been  once 
selected  by  the  accused  can  not  thereafter  be  changed,  but  must  be 
followed  with  respect  to  any  future  trial  of  the  accused  for  the  same 
offense. 

Theodore  Roosevelt. 
The  White  House,  February  6,  1908. 


140  EXECUTIVE    ORDERS. 


Mr.  Douglas  B.  Thompson,  who  was  separated  from  the  service  on 
the  Isthmus  of  Panama  by  reason  of  illness,  may  be  reinstated  with 
the  privilege  of  transfer  to  the  Departmental  Service,  if  it  should 
appear  that  any  Department  desires  to  appoint  him  in  spite  of  his 
physical  disablement. 

Theodore  Roosevelt. 

The  White  House,  February  7,  1908. 


ISTHMIAN    CANAL   COMMISSION.  141 


By  authority  of  the  President,  it  is  ordered: 

On  and  after  this  date,  the  employment  by  the  Isthmian  Canal 
Commission  of  skilled  laborers,  clerks,  and  all  others  who  have  here- 
tofore been  known  as  gold  employees  of  the  Commission,  shall  be 
restricted  to  American  citizens,  except  where  American  labor  or 
service  of  the  character  required  is  not  available. 

Foreign  employees  now  upon  the  pay  rolls  of  the  Commission  shall 
not  be  affected  by  this  order,  save  that  in  event  of  any  reduction  in 
force  preference  shall  be  accorded  to  American  citizens. 

Wm.  H.  Taft, 
Secretary  of  War. 
War  Department, 

Washington,  D.  C,  February  8,  1908. 


142  EXECUTIVE   ORDERS. 


Mr.  Edwyn  N.  Purvis,  a  former  employee  of  the  Isthmian  Canal 
Service,  may  be  appointed  to  a  clerkship  in  the  classified  service  in 
the  United  States  without  regard  to  the  provisions  of  the  civil  serv- 
ice rules. 

Theodore  Roosevelt, 

The  White  House,  February  21,  1908. 


ISTHMIAN    CANAL  COMMISSION.  *         143 


By  direction  of  the  President,  the  following  ordinance,  adopted  at 
the  one  hundred  and  fortieth  nieeting  of  the  Isthmian  Canal  Com- 
mission, January  30,  1908,  is  hereby  approved: 

That  an}^  person  driving  an  automobile  in  the  Canal  Zone  at  a  speed' 
exceeding  fifteen  miles  an  hour  on  straight  roads,  or  at  a  speed  exceed- 
ing eight  miles  an  hour  when  approaching  curves,  forks  or  cross-roads, 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars  ($5)  nor  more 
than  one  hundred  dollars  ($100)  United  States  Currency,  or  by 
imprisonment  for  not  more  than  thirty  (30)  days,  or  by  both  fine 
and  imprisonment  at  the  discretion  of  the  court.  The  owner  of 
an  automobile,  if  in  the  car,  shall  be  held  responsible  for  its  speed; 
in  the  absence  of  the  owner,  the  person  actually  driving  the  automo- 
bile shall  be  held  responsible. 

Wm.  H.  Taft, 
Secretary  of  ^^ar. 

War  Department, 

Washington,  D.  C,  Fehruary  27,  1908. 


144  EXECUTIVE   OEDERS. 


Whereas,  by  Section  11  of  an  order  effective  December  12,  1904, 
assented  to  by  the  RepubUc  of  Panama,  it  was  provided  that  the 
Repubhc  of  Panama  should  contribute  and  pay  to  the  United  States 
a  reasonable  daily  per  capita  charge  in  respect  of  each  person  insane 
or  afflicted  vnih  the  disease  of  leprosy,  or  indigent  sick,  entering,  upon 
the  request  of  the  Republic,  hospitals  maintained  or  controlled  by  the 
United  States,  the  said  per  capita  charge  to  be  fixed  by  the  Secretary 
of  War; 

Now,  therefore,  it  is  ordered  that  on  and  after  March  15,  1908,  the 
charge  to  be  paid  by  the  Repubhc  of  Panama  for  all  such  patients 
admitted  to  the  aforesaid  hospitals  at  the  request  of  the  Republic  be 
fixed  at  seventy-five  cents  gold  per  day  per  capita. 

By  direction  of  the  President. 

Wm.  H.  Taft, 

Secretary  of  War. 

War  Department, 

Washington,  D.  C,  February  27,  1908. 


ISTHMIAN   CANAL  COMMISSION.  145 


Under  authority  vested  in  me  by  law,  it  is  ordered: 
Executive  Order  No.  750,  dated  February  6,  1908,  providing  for  a 
system  of  jury  trials  in  criminal  prosecutions  in  the  Canal  Zone 
wherein  the  penalty  of  death  or  imprisonment  for  Ufe  may  be  inflicted, 
is  hereby  modified  by  striking  out  of  lines  1  and  2,  section  2,  and  out 
of  lines  4  and  5  of  the  same  section,  the  words  ''collector  of  revenue" 
and  inserting  in  lieu  thereof  the  words  ''tax  collector." 

Theodore  Roosevelt. 
The  White  House,  March  31,  1908. 


146  EXECUTIVE   ORDERS. 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

Section  436  of  act  No.  14  of  the  Laws  of  the  Canal  Zone  is  hereby 
amended  so  as  to  read  as  follows: 

Every  person  who  willfully  injures,  defaces,  or  removes  any  signal, 
monument,  building,  or  appurtenance  thereto,  placed,  erected  or 
used  by  persons  engaged  in  the  United  States  Coast  Survey,  or  Isth- 
mian Canal  Commission,  or  any  public  service  compan}^  within  the 
Canal  Zone,  knowing  the  same  to  be  a  boundary  or  survey  monu- 
ment, is  guilty  of  a  misdemeanor. 

Theodore  Roosevelt. 

The  White  House,  April  24,  1908. 


ISTHMIAN    CANAL   COMMISSIOl  147 


CuLEBRA,  Canal  Zone,  April  8,  1908. 
By  authority  of  the  order  of  the  President  of  January  6,  1908,  it 
is  ordered  that  the  construction  and  repair  of  pubhc  roads,  trails, 
bridges,  water  and  sewer  systems,  hghts,  markets,  slaughterhouses, 
and  of  other  public  works  and  improvements  in  the  Canal  Zone, 
placed  in  charge  of  the  Superintendent  of  Public  Works  by  section 
5  of  the  order  of  the  President  of  March  13,  1907,  be  transferred  from 
the  Superintendent  of  Public  Works,  in  the  Department  of  Civil 
Administration,  to  the  Department  of  Construction  and  Engineering; 
and  that  the  maintenance  of  public  oil  lights  be  transferred  from  the 
Superintendent  of  Public  W^orks,  in  the  Department  of  Civil  Admin- 
istration, to  the  Department  of  Labor,  Quarters,  and  Subsistence^ 
at  points  in  the  Zone  where  it  can  more  conveniently  be  done  by  that 
Department. 

Geo.  W.  Goethals, 
Chairman  and  Chief  Engineer. 
Approved : 

Wm.  H.  Taft, 
Secretary  of  War. 
War  Department, 

.     Washington,  April  26,  1908. 


148  EXECUTIVE   ORDEES. 


The  Isthmian  Canal  Commission  is  authorized  and  empowered  to 
expend  of  the  funds  in  the  treasury  of  the  Canal  Zone  March  4,  1907, 
$756.63  for  contingent  expenses  of  the  Government  of  the  Canal 
Zone,  and  the  balance  for  the  consti-uction,  maintenance  and  opera- 
tion of  public  works  and  improvements  and  the  maintenance  of  pub- 
lic schools  in  the  Zone. 

Wm.  H.  Taft, 
Secretary  of  War. 
War  Department, 

WasUngton,  D.  C,  May  19,  1908. 


ISTHMIAN    CANAL   COMMISSION.  149 


By  authorit}^  of  the  President  of  the  United  States,  it  is  ordered : 
That  Section  321  of  the  Code  of  Civil  Procedure  of  the  Canal  Zone, 
in  force  under  order  of  the  President  of  March  22,  1907,  be,  and  the 
same  hereby  is,  amended  by  the  addition  thereto  of  the  following: 

"Provided  that  the  signature  of  the  chief  judge  or  presiding  magis- 
trate to  a  judicial  record  from  the  Republic  of  Panama  shall  be 
authenticated  by  the  Secretary  of  Foreign  Relations  of  the  Republic 
of  Paupama,  whose  signature  shall  in  turn  be  authenticated  by  the 
Chief  Executive  of  the  Canal  Zone." 


War  Department, 

Washington,  D.  G.,  July  3,  1908. 


Luke  E.  Wright, 

Secretary  of  War. 


150  EXECUTIVE    ORDERS. 


Captain  F.  C.  Bog^gs,  Corps  of  Engineers,  is  appointed  General 
Purchasing  Officer  of  the  Isthmian  Canal  Commission,  under  the 
supervision  of  the  Chief  of  Engineers  of  the  U.  S.  Army;  and  Chief 
of  the  Washington  Office  of  the  Isthmian  Canal  Commission,  to  take 
effect  upon  the  departure  for  the  Isthmus  of  Panama  of  Lieut.  Col. 
H.  F.  Hodges,  Corps  of  Engineers,  the  present  General  Purchasing 
Officer  and  Chief  of  Office. 
By  direction  of  the  President: 

Luke  E.  Wright. 
Secretary  of  ^^ar. 
War  Department, 

WasMngton,  D.  C,  July  G,  190S. 


ISTHMIAN    CANAL   COMMISSION.  151 


By  direction  of  the  President,  it  is  ordered : 

1.  That  Everett  C.  Bumpiis,  heretofore  appointed  joint  Com- 
missioner under  Articles  VI  and  XV  of  the  Treaty  between  the  United 
States  and  the  Repubhc  of  Panama  proclaimed  February  26,  1904, 
be  allowed  fifteen  dollars  per  day  for  his  services  from  the  time  he  left 
Boston,  Massachusetts,  in  the  discharge  of  his  duties,  until  his  return 
thither,  and  his  actual  traveling  expenses  and  subsistence  during  the 
same  period  of  time. 

2.  That  Edwin  Denby,  Member  of  Congress,  heretofore  appointed 
joint  Commissioner  under  the  above-mentioned  Treaty,  be  allowed 
his  actual  traveling  expenses  and  subsistence  from  the  time  he  left 
Detroit,  Michigan,  in  the  discharge  of  his  duties,  until  his  return 
thither. 

Luke  E.  Wright, 

Secretary  of  War. 
War  Department,  , 

Washington,  D.  C,  August  6,  1908. 

98987—11 11 


152  EXECUTIVE   ORDERS. 


By  direction  of  the  President,  it  is  ordered: 

That  Messrs.  Ponce  and  Fabrega,  heretofore  appointed  by  the 
Republic  of  Panama  upon  the  joint  Commission  assembled  during  the 
current  year,  under  Article  VI  of  the  Treaty  between  the  United 
States  and  the  Republic  of  Panama  proclaimed  February  26,  1904,  be 
paid,  as  compensation  for  their  services,  fifteen  dollars  per  day  for  the 
time  actually  employed  by  them  as  members  of  the  joint  Commission. 

Luke  E.  Wright, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  August  6,  1908. 


ISTHMIAN   CANAL  COMMISSION.  153 


By  direction  of  the  President,  the  following  resolution  adopted  at 
the  One  hundred  and  thirty-ninth  meeting  of  the  Isthmian  Canal 
Commission,  January  7,  1908,  is  hereby  approved: 

Resolved,  That  the  Chairman  be,  and  he  hereby  is,  empowered  and  authorized  to 
direct  in  writing  the  Assistant  to  the  Chief  of  Office  or  other  employee  of  the  Commission 
at  Washington  to  approve  and  authorize  payment  of  vouchers  for  payments  by  the  Com- 
mission, to  make  requisitions  for  supplies  for  the  maintenance  of  the  Washington 
Office,  and  to  sign  such  appointments,  con'espondence,  certificates,  and  other  official 
documents  as  may  be  necessary  to  facilitate  the  dispatch  of  current  business  at  the 
Washington  Office  of  the  Commission,  such  signatures  to  be  made  under  the  caption 
"By  direction  of  the  Chairman." 

Luke  E.  Weight, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  August  12,  1908. 


154  EXECUTIVE   OEDERS. 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

Section  344  of  the  Penal  Code  of  the  Canal  Zone  is  amended  to  read 
as  follows: 

"Section  344.  Grand  larceny  is  punishable  by  imprisonment  in 
the  penitentiary  not  exceeding  ten  years." 

Theodore  Roosevelt, 

The  White  House,  August  14,  1908. 


ISTHMIAN    CANAL  COMMISSION.  155 


The  following-named  gentlemen,  representing  the  several  Executive 
Departments  and  one  independent  government  establishment,  are 
hereby  designated  as  members  of  an  Interdepartmental  Statistical 
Committee  hereby  created,  under  the  jurisdiction  of  the  Secretary 
of  Commerce  and  Labor,  for  the  purpose  of  promoting  uniformity  of 
statistical  methods  and  results,  preventing  duplications,  rendering 
possible  closer  cooperation,  and  keeping  the  statistical  work  of  the 
government  abreast  of  the  most  modern  methods: 

Mr.  John  Ball  Osborne,  Chief  of  the  Bureau  of  Trade  Relations,  Department  of  State; 

Hon.  Lawrence  O.  Murray,  Comptroller  of  the  Currency,  Department  of  the 
Treasury ; 

Major  John  T.  Thompson,  Assistant,  Ordnance  Department,  Department  of  War; 

Mr.  H.  C.  Gauss,  Private  Secretary  to  the  Attorney  General,  Department  of  Justice; 

Mr.  E.  T.  Bushnell,  Chief  Clerk  to  the  First  Assistant  Postmaster  General,  Post 
Office  Department; 

Mr.  F.  S.  Curtis,  Chief  Clerk,  Department  of  the  Navy; 

Mr.  Clarence  J.  Blanchard,  Statistician,  Reclamation  Service,  Department  of  the 
Interior; 

Mr.  Victor  H.  Olmsted,  Statistician  and  Chief,  Bureau  of  Statistics,  Department  of 
Agriculture ; 

Mr.  Oscar  P.  Austin,  Chief  of  Bureau  of  Statistics,  Department  of  Commerce  and 
Labor;  and 

Prof.  Hemy  C.  Adams,  In  Charge  of  Statistics  and  Accounts,  Interstate  Commerce 
Commission. 

Hon.  Lawrence  O.  Murray,  Comptroller  of  the  Currency,  Treasury 
Department,  is  hereby  designated  to  act  as  Chairman  of  this  Com- 
mittee. 

The  specific  duties  of  the  Committee  thus  created  shall  be  as 
follows : 

(a)  To  make  recommendations  with  a  view  to  eliminating  unneces- 
sary duplication  of  work  and  conflicting  results. 

(b)  To  make  recommendations  with  a  view  of  utilizing  the  statis- 
tical material  in  one  branch  of  Government  work,  wdth  reference  to 
the  needs  or  aims  of  other  branches. 

(c)  To  make  recommendations  with  a  view  of  establishing  uniform 
definitions  of  statistical  terms. 

(d)  To  make  recommendations  with  a  view  of  introducing  uniform 
methods. 


156  EXECUTIVE   OEDERS. 

(e)  To  make  recommendations  in  regard  to  schedules  and  accom- 
panying instructions  relative  to  any  new  line  of  statistical  inquiry; 
to  study  the  needs  of  the  various  bureaus  and  Departments  from 
time  to  time  and  above  all  to  test  the  results  achieved,  and  to  inves- 
tigate whether  they  are  in  harmony  with  each  other  and  modern 
statistical  methods  and  practice. 

(/)  To  make  recommendations  regarding  the  preparation  and  the 
place  of  pubUcation  of  the  Statistical  Abstract  of  the  United  States. 

Theodore  Roosevelt. 

The  White  House,  September  10, 1908. 


ISTHMIAN   CANAL  COMMISSION.  157 


Doctors  Hopkins  and  Cunningham  may  be  appointed  as  physicians 
to  teach  microscopic  work  in  connection  with  tropical  diseases  at  the 
Ancon  Hospital  on  the  Isthmus  of  Panama  without  reference  to  the 
civil  service  rules. 

Theodore  Roosevelt. 

The  White  House,  September  15,  1908. 


158  EXECUTIVE   OKDEllS. 


CuLEBRA,  C.  Z.,  Septemler  17,  1908. 

Under  authority  of  the  Executive  Order  of  the  President  of  January 
6,  1908,  tiie  Department  of  Revenues,  in  the  Department  of  Civil 
Administration  of  the  Isthmian  Canal  Commission,  shall  hereafter  be 
known  as  the  Division  of  Posts,  Customs  and  Revenues  of  the  Depart- 
ment of  Civil  Administration. 

The  Fire  Department  shall  hereafter  be  known  as  the  Division  of 
Fire  Protection  of  the  Department  of  Civil  Administration. 

The  Department  of  Police  and  Prisons  shall  hereafter  be  known  as 
the  Division  of  Police  and  Prisons  of  the  Department  of  Civil  Admin- 
istration. 

The  title  of  the  head  of  the  Division  of  Fire  Protection  shall  be  Fire 
Chief. 


Effective  September  1,  1908. 
Approved : 

War  Department, 

Washington,  D.  C. 


Geo.  W.  Goethals, 

CJiairman. 

Luke  E.  Wright, 

Secretary  of  War 


ISTHMIAN   CANAL  COMMISSION.  159 


By  direction  of  the  President,  it  is  ordered: 

That  the  services  rendered  by  Everett  C.  Bumpus  as  Commissioner 
under  Articles  VI  and  XV  of  the  Treaty  between  the  United  States 
and  Panama,  having  proved  lo  be  in  excess  of  those  originally  con- 
templated, Section  1  of  the  Executive  Order  of  August  6,  1908,  is 
herewith  repealed,  and  the  said  Everett  C.  Bumpus  is  allowed  Twenty- 
five  Dollars  per  day  for  his  services  from  the  time  he  left  Boston, 
Massachusetts,  in  the  discharge  of  his  duties,  until  his  return  thither, 
and  his  subsistence  on  the  Isthmus. 

Luke  E.  Wright, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  September  28,  1908. 


160  EXECUTIVE   OBDERS. 


George  Shaffer,  Olof  Ekedahl  and  Willoughby  Culbertson  may  be 
continued  on  clerical  duties  in  the  Isthmian  Canal  Service  without 
examination  under  the  civil  service  rules. 

Theodore  Roosevelt. 

The  White  House,  Septemher  30,  1908. 


ISTHMIAN   CANAL.  COMMISSION.  161 


The  eight  persons  named  in  the  letter  of  the  Secretary  of  War 
dated  September  23, 1908,  who  have  been  employed  jointly  by  the 
Isthniian  Canal  Commission  and  the  Panama  Railroad  Company, 
may  be  retained  and  become  a  part  of  the  classified  force  of  the 
Isthmian  Canal  Commission,  upon  the  separation  of  the  work  of  the 
two  offices. 

Theodore  Roosevelt. 

The  White  House,  October  3,  1908. 


162 


EXECUTIVE   ORDEKS. 


War  Department, 

Washington,  September  23,  1908. 
The  President, 

WTiite  House,  Washington,  D.  C. 

Sir:  When  the  purchase  of  supphes  for  the  Panama  Canal  first 
started,  the  Inspection  Department  of  the  Panama  Railroad  Com- 
pany was  used  by  the  Canal  Commission  for  inspeetino;  purchases  in 
the  United  States.  Tliis  practice  was  continued  until  the  summer  of 
1907,  when,  the  Purchasing  Department  being  placed  under  the 
Cliief  of  Engineers  of  the  War  Department,  the  General  Purchasing 
Officer  of  the  Isthmian  Canal  Commission  also  availed  of  the  services 
of  the  Engineer  Officers  of  the  Army  throughout  the  country  for 
inspection. 

This,  however,  did  not  take  away  the  duties  of  the  Inspecting 
Engineer,  and  office  force  located  in  New  York,  which  continued-  to 
have  general  supervision  of  the  Commission's  inspection  work. 

In  March  last  a  portion  of  the  office  of  the  Inspection  Department 
of  the  Panama  Railroad  Company  in  New  York  was  transferred  to 
Washington,  leaving  still  a  portion  of  that  force  in  New  York.,  both, 
however,  continuing  on  the  railroad  company's  payroll,  although 
the  Commission  pays  one-half  of  the  expenses  of  both  offices. 

The  entire  work  of  the  Commission  is  now  practically  done  in  the 
Washington  office,  and  it  is  now  desired  to  separate  the  inspection 
department  of  the  Commission  from  that  of  the  Railroad  Company, 
in  order  to  obtain  an  accurate  division  of  expense,  and  to  promote 
greater  efficiency  of  service.  Tliis  action  is  recommended  by  the 
Chairman  of  the  Isthmian  Canal  Commission,  })ro\aded  the  clerical 
force  can  be  brought  under  Civil  Service  rules.  I  concur  in  this 
recommendation,  and  respectfully  request  that  an  Executive  Order 
be  issued  placing  the  clerical  force  of  the  Inspecting  Engineer's 
office  of  the  Isthmian  Canal  Commission  in  Wasliington  under  Civil 
Service  rules,  and  bringing  into  the  classified  service  the  following 
employees  of  the  Wasliington  branch  of  the  Inspecting  Engineer's 
office: 


Name. 

Position. 

Salary. 

R.E.Young 

Clerk 

$1,200 

Barker  Place 

do 

1,000 

W.  H.  Shields 

do 

900 

F.M.Baker 

.  do 

900 

Geo.  F.  Dolan 

....  do 

840 

Louis  Fahnestock,  Jr 

do 

840 

Brice  L.  Casteel 

do 

840 

Fred  G.  Crusoe 

Messenger 

480 

ISTHMIAN    CANAL  COMMISSION.  1153 

It  is  desired  that  when  this  order  is  issued  it  exempt  from  examina- 
tion the  Inspecting  Engineer  who  has  charge  of  the  above-mentioned 
force  and  the  Inspectors,  as  in  many  instances  these  Inspectors  are 
engaged  on  very  short  notice  on  special  work  and  for  a  short  time 
only,  and  on  the  completion  of  the  work  their  services  are  terminated. 
Very  respectfully, 

Luke  E.  Wright, 

Secretary  of  War. 


164  EXECUTIVE   OBDERS. 


Amendment  to  Schedule  A  of  the  Civil  Service  Rules. 

Schedule  A,  Subdivision  VIII,  relating  to  the  Isthmian  Canal  Com- 
mission, is  hereby  amended,  as  follows:  The  present  paragraph  "s\iU  be 
numbered  1 ,  but  will  remam  otherwise  unchanged.  A  ncM'  paragraph, 
to  be  numbered  2,  to  read  as  follows  is  hereby  added: 

2.  One  inspecting  engmeer  and  inspectors  in  the  purchasing  depart- 
ment. 

Theodore  Roosevelt. 

The  White  House,  October  3,  1908. 


ISTHMIAN    CANAL   COMMISSION.  165 


The  regulations  governing  the  employment  of  unskilled  laborers  at 
Washington,  D.  C,  are  hereby  amended,  viz: 

1 .  By  the  addition  of  a  new  regulation,  to  be  numbered  XI,  and  to 
read  as  follows: 

"Section  1.  The  Board,  with  the  authority  of  the  Commission, 
shall  have  authority  to  authorize: 

"  (a)  The  demotion  of  any  person  from  the  classified  service  to  the 
position  of  mere  unskilled  laborer,  and  the  appointment  of  such  per- 
son in  consequence  of  such  demotion,  upon  his  passing  the  required 
physical  examination,  to  the  position  of  mere  unskilled  laborer,  a 
statement  of  duties  in  every  instance  to  be  appended  to  the  request 
of  the  Department  for  such  demotion,  showing  the  duties  of  the  per- 
son to  be  demoted  in  his  former  and  in  his  proposed  new  position, 

' '  (&)  The  temporar}''  apjDointment  of  a  mere  unskilled  laborer  for 
a  period  to  exceed  thirty  days,  in  cases  of  great  and  evident  necessity." 

2.  By  adding  to  the  concluding  sentence  of  Regulation  VII  the 
words  "except  as  provided  in  Regulation  XI  hereof".  The  amended 
regulation  will  read: 

"Appointment  or  employment  for  temporary  service  shall  be  made 
as  far  as  practicable  as  appointments  to  permanent  positions.  Where 
the  needs  of  the  service  require,  the  board  may  authorize  the  tempo- 
rary appointment  of  any  eligible  or  of  a  person  whose  name  is  not  on 
any  register,  but  no  person  shall  render  more  than  thirty  days'  tem- 
porary service  in  any  period  of  twelve  months  where  appointed  out 
of  his  turn,  or  outside  these  regulations  except  as  provided  in  Regu- 
lation XI  hereof." 

Theodore  Roosevelt. 

The  White  House,  October  21,  1908. 


166  EXECUTIVE   ORDER?. 


[Memorandum  to  the  Chairman  Isthmian  Canal  Commission.] 

War  Department, 

Washington,  October  23,  1908. 
With  the  approval  of  the  President,  Paragraph  2  of  Executive 
Order  of  July  1,  1907  is  modified  so  as  to  authorize  you  to  pay  to  the 
General  Purchasing  Ofhcer  of  the  Isthmian  Canal  Commission,  and 
to  the  officer  detailed  in  connection  with  the  Panama  Railroad  for  the 
purchase  of  commissaries,  $1,800  per  annum  in  addition  to  their  pay 
and  emoluments. 

Luke  E.  Wright, 

Secretary  of  War. 


ISTHMIAN    CANAL   COMMISSION.  167 


Under  authority  vested  in  me  by  law,  it  is  ordered : 

1.  An  appeal  from  the  judgment  of  a  District  Court  of  the  Canal 
Zone  may  be  taken  by  the  defendant  by  giving  notice  in  open  court 
of  his  intention  so  to  do  at  the  time  the  judgment  is  rendered,  or  by 
filing  with  the  court  a  MTitten  notice  of  appeal  within  five  days  there- 
after. The  appeal  may  thereupon  be  perfected  by  the  defendant  by 
filing  with  the  District  Court  or  with  the  Circuit  Court  to  which  the 
appeal  is  taken,  a  bond  in  a  sum  fixed  by  the  Judge  of  said  District 
Court  or  the  Judge  of  said  Circuit  Court,  but  not  exceeding  two  hun- 
dred and  fifty  dollars,  and  with  one  or  more  sufficient  sureties 
approved  by  the  court  or  clerk  accepting  the  same,  for  his  appear- 
ance and  trial  upon  appeal  in  the  Circuit  Court:  Provided,  That  if  a 
money  deposit  be  made  in  lieu  of  the  bond,  the  amount  to  be  deposited 
shall  not  exceed  one-half  of  the  sum  required  in  the  bond. 

2.  Sections  44,  45  and  46  of  the  Code  of  Criminal  Procedure  of  the 
Canal  Zone  are  hereby  repealed. 

Theodore  Roosevelt. 
The  White  House,  November  7,  1908. 

98987—11 12 


168  EXECUTIVE   ORDERS. 


Schedule  A,  section  VIII,  paragraph  1,  of  the  civil-service  rules  is 
hereby  amended  by  the  addition  of  the  following  words  at  the  end  of 
the  paragraph: 

"Unless  he  was  classified  by  the  Executive  order  of  November  15, 
1904,  in  a  position  which  was  then  and  is  at  the  time  of  the  proposed 
transfer  in  the  competitive  service." 

As  amended  the  paragraph  will  read  as  follows : 

"1.  All  officers  and  emplo3^ees  in  the  service  of  the  Isthmian  Canal 
Commission  upon  the  Isthmus  of  Panama  except  those  who  are  to 
perform  the  duties  of  clerk,  bookkeeper,  stenographer,  typewriter, 
surgeon,  physician,  trained  nurse,  or  draftsman.  Appointments  to 
clerical  positions  on  the  Isthmus  of  Panama  paying  less  than  $75 
in  gold  per  month  may  be  made  without  examination  under  the 
civil-service  rules.  No  person  appointed  to  the  service  on  the  Isthmus 
of  Panama  otherwise  than  through  competitive  examination  or  by 
transfer  or  promotion  from  a  competitive  position  shall  be  trans- 
ferred to  a  competitive  position,  unless  he  was  classified  by  the  Execu- 
tive order  of  November  15,  1904,  in  a  position  which  was  then  and 
is  at  the  time  of  the  proposed  transfer  in  the  competitive  service," 

Theodore  Roosevelt. 

The  White  House,  November  9,  1908. 


ISTHMIAN    CANAL.  COMMISSION.  169 


By  authority  of  the  President,  it  is  ordered : 

That  the  Executive  Order  of  February  8,  1908,  restricting  the  per- 
sonnel of  gold  employees  to  American  Citizens  be  amended  to  read 
as  follows: 

''On  and  after  this  date,  the  employment  by  the  Isthmian  Canal 
Commission  of  skilled  laborers,  clerks,  and  all  others  who  have  hereto- 
fore been  known  as  gold  employees  of  the  Commission  shall  be  re- 
stricted to  American  citizens  and  citizens  of  Panama,  except  where 
American  or  Panamanian  labor  or  services  of  the  character  required 
is  not  available. 

"Foreign  employees  now  upon  the  pay-roll  of  the  Commission 
shall  not  be  affected  by  this  order,  save  in  the  event  of  any  reduction 
of  force  preference  shall  be  accorded  to  American  citizens  and  citizens 
of  Panama." 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War. 

War  Department, 

Washington,  D.  C,  December  23, 1908. 


170  EXECUTIVE   ORDERS. 


Under  authority  vested  in  me  by  law,  and  until  otherwise  pro- 
vided by  law  or  ordered,  H.  A.  Gudger  is  appointed  Chief  Justice  of 
the  Supreme  Court  of  the  Canal  Zone,  at  a  salary  of  six  thousand  five 
hundred  dollars  per  annum. 

Effective, January  4,  1909. 

Theodore  Roosevelt. 

The  White  House,  Decemler  23,  1908. 


ISTHMIAN    CANAL   COMMISSION.  171 


Under  authority  vested  in  me  by  law,  and  until  otherwise  provided 
by  law  or  ordered,  Wesley  M.  Owen  is  appointed  an  Associate  Justice 
of  the  Supreme  Court  of  the  Canal  Zone,  at  a  salary  of  six  thousand 
dollars  per  annum. 

Effective  January  4,  1909. 

Theodore  Roosevelt, 

The  White  House,  December  23,  1908. 


172  EXECUTIVE   ORDERS. 

Under  authority  vested  in  me  by  law,  it  is  ordered : 

1.  The  requirements  of  the  Act  of  Congress,  relating  to  the  use 
on  trains  of  certain  described  and  approved  driving-wheel  and 
train  brakes,  couplers,  handholds,  and  drawbars  of  required  height 
for  freight  cars,  approved  March  2,  1893  (contained  in  27  Stat.  L., 
p.  531),  and  known  as  "An  Act  To  promote  the  safety  of  employees 
and  travelers  upon  railroads  by  compelling  common  carriers  en- 
gaged in  interstate  commerce  to  equip  their  cars  with  automatic 
couplers  and  continuous  brakes  and  their  locomotives  with  driving- 
wheel  brakes,  and  for  other  purposes,"  as  amended  by  an  Act 
approved  April  1,  1896  (contained  in  29  Stat.  L.,  p.  85),  and 
as  amended  by  an  Act  approved  March  2,  1903  (contained  in  32 
Stat.  L.,  p.  943),  shall  be  extended  to  apply  to  that  Zone  in  the 
Republic  of  Panama  mentioned  and  described  in  Section  2  of  the 
Act  of  Congress,  dated  June  28,  1902,  and  entitled  "An  Act  To 
provide  for  the  construction  of  a  canal  connecting  the  waters  of  the 
Atlantic  and  Pacific  oceans,"  and  commonly  known  as  the  "Canal 
Zone." 

2.  The  various  appliances  for  the  protection  of  trainmen  on  freight 
train  cars,  with  reference  to  running  boards,  ladders,  sill  steps,  roof 
handholds,  and  the  position  of  brake  shafts,  as  designated  in  the 
existing  standards  of  the  Master  Car  Builders'  Association  in  the 
United  States,  shall  be  used  by  all  carriers  in  the  aforementioned 
Caiial  Zone. 

3.  The  equipment  and  appliances  required  to  be  used  in  sections  1 
and  2  of  this  order  shall  be  constantly  and  at  all  times  maintained 
in  good  and  working  order,  by  any  and  all  railroads  engaged  in  the 
business  of  a  common  carrier  and  operating  in  the  aforementioned 

•  Canal  Zone. 

4.  In  particular,  sections  1,  2,  and  3  of  this  order  shall  be  carefully 
observed  and  obeyed  by  the  Panama  Railroad,  a  carrier  operating 
in  the  said  Canal  Zone. 

5.  All  railroads  operated  and  cars  used  by  the  Government  of  the 
United  States  %\T.thin  navy  yards,  arsenals,  military  reservations, 
government  wharves,  and  any  and  all  other  territories  under  the 
jurisdiction  of  the  United  States,  shall  be  ec^uipped  with  the  safety 
appliances  required  in  the  Safety  Appliance  Acts  mentioned  and 
described  in  section  1  of  this  order,  and  in  the  codes  of  rules  men- 
tioned and  described  in  section  2  of  this  ofder;  and  said  equipment 
and  appliances  shall  at  all  times  be  maintained  in  good  and  working 
order. 

6.  This  order  shall  take  effect  not  later  than  six  months  from  the 

date  of  the  promulgation  thereof. 

Theodore  Roosevelt. 
The  White  House,  January  6, 1909. 


ISTHMIAN    CANAL   COMMISSION.  173 


By  authority  of  the  President,  it  is  ordered: 

That  the  Hmitations  in  Section  1  of  Act  No.  24,  enacted  by  the 
Isthmian  Canal  Commission  March  1,  1905,  providing  for  the  admin- 
istration of  certain  estates  are  hereby  waived,  in  so  far  as  they  pre- 
vent the  Collector  of  Revenues  taking  possession  of,  and  adminis- 
tering upon  the  estate  of  John  J.  Korp,  deceased,  and  the  Collector 
of  Revenues  is  hereby  authorized  and  directed  to  take  possession  of, 
and  settle  the  estate  of  said  John  J.  Korp,  deceased,  in  accordance 
with  the  terms  of  said  Act, 

J.  M.  Dickinson, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  March  20,  1909. 


174  EXECUTIVE   ORDERS. 


Civil  Service  Rule  X,  paragraph  8,  clause  (e),  in  relation  to  an 
employee  proposed  for  transfer,  is  hereby  amended  to  read  as  follows : 

"He  shall  not  be  transferred  unless,  in  the  judgment  of  the  Com- 
mission, he  possesses  experience,  qualifications,  or  training,  which 
are  required  for  the  proper  performance  of  the  duties  of  the  position 
to  which  transfer  is  proposed,  and  which  render  necessary  in  the 
interests  of  the  service  the  filling  of  the  position  by  his  transfer, 
rather  than  by  an  original  appointment  or  promotion  in  the  manner 
provided  by  the  Civil  Service  Act." 

Wm.  H.  Taft. 

The  White  House,  March  23,  1909. 


ISTHMIAN   CANAL  COMMISSION.  175 


By  authority  of  the  President,  it  is  ordered: 

That  so  much  of  Act  No.  8,  enacted  by  the  Isthmian  Canal  Com- 
mission September  2,  1904,  as  provides  that  certain  duties  be  per- 
formed by  the  Director  of  Hospitals,  is  hereby  amended.  The 
office  of  Director  of  Hospitals  will  be  abolished  on  September  12, 
1909,  and  the  duties  referred  to  will  be  performed  on  and  after  that 
date  by  any  official  of  the  Department  of  Sanitation  of  the  Isthmian 
Canal  Commission  who  may  be  designated. 

J.  M.  Dickinson, 

,  Secretary  of  War. 

War  Department, 

Washington,  D.  C. 
CuLEBRA,  C.  Z.,  Hay  I4,  1909. 


176  EXECUTIVE   OBDERS. 


By  authority  of  the  President  of  the  United  States: 
It  is  ordered  that  the  Executive  Order  of  March  13,  1907,  effective 
April  15,  dividing  the  Canal  Zone  into  four  administrative  districts, 
be  amended  so  that  the  last  sentence  of  the  4th  paragraph  wdll  read: 
"Fines  and  fees  shall  be  paid  into  the  treasury  of  the  Canal  Zone." 

J.  M.  Dickinson, 

Secretary  of  War, 
CuLEBRA,  Canal  Zone,  May  I4, 1909. 


ISTHMIAN    CA.NAL   COMMISSION.  177 


It  is  hereby  ordered  that  all  offices  of  the  Government,  arsenals, 
navy  yards  and  stations,  and  other  Government  establishments 
shall,  when  the  first  day  of  January,  the  twenty-second  day  of 
February,  the  thirtieth  day  of  May,  the  fourth  day  of  July  and  the 
twenty-fifth  day  of  December,  fall  on  the  first  day  of  the  week, 
commonly  called  Sunday,  be  closed  to  public  business  on  the  fol- 
lowing Monday  and  that  all  employees  in  the  public  service,  wher- 
ever employed,  who  would  be  excused  from  work  on  the  above 
named  days  be  excused  on  the  following  Monday  when  said  days 
fall  on  the  first  day  of  the  week,  commonly  called  Sunday,  except- 
ing that  where  a  State  law  fixes  for  a  holiday  another  day  than  the 
Monday  following  such  legal  holiday,  the  Government  offices  and 
other  Government  establishments  situated  in  such  States  shall 
close  and  employees  in  the  pubhc  service  shall  be  excused  on  that 
day  which  is  in  conformity  to  State  law 

Wm,  H.  Taft. 

The  White  House,  May  22, 1909 


178  EXECUTIVE   ORDERS. 


It  is  hereby  ordered  that  on  Saturdays  during  July,  August  and 
September,  until  further  notice,  four  hours  exclusive  of  time  for 
luncheon  shall  constitute  a  day's  work  for  all  employees  in  the 
Federal  public  service,  wherever  employed;  and  all  departmental  or 
other  orders  in  conflict  with  this  order  are  hereby  revoked,  except 
as  to  the  naval  stations  named  in  the  executive  order  of  April  4,  1908. 

Wm.  H.  Taft. 

The  White  House,  June  8, 1909. 


ISTHMIAN    CANAL   COMMISSION.  179 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

Paragraph  6  of  Executive  Order  No.  1002,  dated  January  6,  1909, 
is  hereby  amended  as  follows: 

"6.  This  order  shall  take  effect  not  later  than  six  months  from 
the  date  of  the  promulgation  thereof,  except  for  the  use  of  old  French 
dump  cars  in  use  on  the  Panama  Canal,  including  also  the  couplers  of 
locomotives  necessary  to  operate  them,  until  July  1,  1910,  after  which 
date  it  shall  Ukewise  apply  to  this  equipment." 

Wm.  H.  Taft. 

The  White  House,  June  11,  1909. 


130  EXECUTIVE   ORDERS. 


The  follo%ving  Order  ^^n.\\  supersede  that  of  June  8,  1909,  as  to 
hours  of  labor  on  Saturdays  during  the  months  mentioned: 

It  is  hereby  ordered  that,  during  the  months  of  July,  August  and 
September  of  each  year,  until  further  notice,  four  hours,  exclusive  of 
time  for  luncheon,  shall  constitute  a  day's  work  on  Saturdays  for 
all  clerks  and  other  employees  of  the  Federal  Government,  wherever 
employed;  and  all  Executive  or  other  orders  in  conflict  herewith, 
except  the  Executive  Order  of  April  4,  1908,  relating  to  certain  naval 
stations,  are  hereby  revoked. 

Provided,  however,  that  this  Order  shall  not  apply  to  any  bureau 
or  office  of  the  Government,  or  to  any  of  the  clerks  or  other  employees 
thereof,  that  may  for  special  public  reasons  be  excepted  therefrom 
by  the  head  of  the  Department  having  supervision  or  control  of  such 
bureau  or  office,  or  where  the  same  would  be  inconsistent  with  the 
provisions  of  existing  law. 

Wm.  H.  Taft. 

The  White  House,  June  25,  1909. 


ISTHMIAN    CANAL   COMMISSION.  181 


It  is  hereby  ordered  that  Executive  Order  No.  1084,  made  June  8, 
1909,  and  Executive  Order  No.  1096,  made  June  25,  1909,  shall  have 
no  application  to  employes  upon  the  Isthmus  of  Panama. 

Wm.  H.  Taft. 

The  White  House,  July  16,  1909. 


182  EXECUTIVE   ORDERS. 


By  authority  of  the  President  of  the  United  States  it  is  ordered: 
That  the  authority  of  the  Collector  of  Revenues  under  Act  No.  24 
of  the  Laws  of  the  Canal  Zone,  entitled  "An  Act  providing  for  an 
inexpensive  method  of  Administration  upon  the  Estates  of  Employees 
of  the  Govermnent  of  the  Canal  Zone,  or  of  the  Istlimian  Canal 
Commission,  who  are  citizens  of  the  United  States  and  who  die  in 
the  Canal  Zone,  Isthmus  of  Panama,  leaving  estates  of  small  value 
upon  which  regular  administration  is  deemed  inadvisable,"  enacted 
by  the  Isthmian  Canal  Commission  March  1,  1905,  be,  and  the  same 
is  hereby  extended  to  include  all  estates  of  the  character  described 
in  said  act  as  amended  by  the  Executive  Order  of  June  22,  1907, 
which  do  not  exceed  in  value  the  sum  of  one  thousand  dollars. 

J.  M.  Dickinson, 

Secretary  of  liar. 
War  Department, 

Washington,  B.  C,  July  21,  1909. 


ISTHMIAN    CANAL   COMMISSION.  183 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

That  every  convict  who  is  now  or  who  may  hereafter  be  confined  in 
the  Canal  Zone  penitentiary  under  sentence  for  a  definite  time,  and 
who  shall  have  no  infraction  of  the  rules  and  regulations  of  the  peni- 
tentiary or  laws  of  the  Canal  Zone  recorded  against  him,  and  who 
performs  the  duties  assigned  to  him  in  a  faithful,  orderly  and  peaceable 
manner,  shall  be  entitled  to  the  diminution  of  time  from  his  sentence 
as  follows:  For  the  first  year,  one  month;  for  the  second  year,  two 
months;  for  the  third  year,  three  months;  for  the  fourth  year,  four 
months;  for  the  fifth  year,  five  months;  for  the  sixth  and  each  suc- 
ceeding year,  six  months;  and  pro  rata  for  any  part  of  a  year,  where 
the  sentence  is  for  more  or  less  than  a  year. 

In  case  any  convict  shall  be  guilty  of  the  violation  of  any  of  the 
rules  or  regulations  of  the  penitentiary  or  laws  of  the  Canal  Zone  as 
above  provided,  and  has  become  entitled  to  any  diminution  of  his 
sentence  by  the  provisions  aforesaid,  he  shall  for  the  first  offense 
forfeit,  if  he  has  made  so  much,  two  days;  for  the  second  offense, 
four  days;  for  the  third  offense,  eight  days;  for  the  fourth  offense, 
sixteen  days;  and  in  addition  thereto,  whatever  number  of  days, 
more  than  one,  that  he  is  in  punishment,  shall  also  be  forfeited;  for 
more  than  four  offenses,  the  warden  shall  have  power  to  deprive  him, 
at  his  discretion,  of  any  portion  or  all  of  the  diminution  of  sentence 
that  he  may  have  earned,  but  not  less  than  as  provided  for  the  fourth 
offense:  Provided,  That  the  Chief  Executive  of  the  Canal  Zone  shall 
have  the  power  to  restore  to  any  convict  any  diminution  of  sentence 
forfeited  by  him. 

Wlienever  any  convict  is  or  has  been  committed  under  several 
convictions,  with  separate  sentences,  they  shall  be  construed  as  one 
continuous  sentence,  in  the  granting  or  forfeiting  of  diminution  of 
sentence. 

The  warden,  in  computing  the  diminution  of  sentence  of  any  con- 
vict now  in  the  penitentiary,  shall  allow  him  for  the  unexpired  portion 
of  his  sentence,  the  same  as  if  this  order  had  been  in  effect  at  the 
commencement  of  his  sentence,  but  shall  not  allow  him  for  the  portion 

of  his  sentence  already  served. 

Wm.  H.  Taft. 
The  White  House,  July  30,  1909. 
98987—11 13 


184  EXECL'TIVE   ORDERS. 


Under  authority  vested  in  me  b}'  law,  it  is  ordered:  That  Section 
149  of  Act  No.  14  of  the  Laws  of  the  Canal  Zone  is  amended  to  read 
as  follows : 

"Sec.  149.  Every  person  guilty  of  murder  m  the  first  degree  shall 
suffer  death,  or  if  there  be  extenuating  circumstances,  confinement  in 
the  penitentiary  for  life;  and  every  person  guilty  of  murder  in  the 
second  degree  is  punishable  b}"  imprisonment  in  the  penitentiary  not 

less  than  ten  years. " 

Wm.  H.  Taft. 
The  White  House,  July  30,  1909. 


ISTHMIAN    CANAL   COMMISSION.  185 


TONNAGE   DUES — REVOCATION   OF   PROCLAMATIONS. 

By  the  President  of  the  United  States  of  America — A  Proclamation: 

Whereas  by  proclamations  of  the  President  of  the  United  States 
dated  January  thirty-first,  eighteen  hundred  and  eighty-five,  February 
twenty-sixth,  eighteen  hundred  and  eighty-five,  September  ninth, 
eighteen  hundred  and  eighty-five,  April  twenty-second,  eighteen  hun- 
dred and  eighty-seven,  April  sixteenth,  eighteen  hundred  and  eighty- 
eight,  Ma}"  second,  eighteen  hundred  and  nmety-four  and  July  nme- 
teenth,  eighteen  hundred  and  ninety-eight,  the  President  did  thereby 
declare  and  proclaim  from  and  after  the  dates  of  his  said  Proclama- 
tions, respectively,  the  suspension  of  the  collection  of  the  whole  of 
the  duty  on  tonnage  now  imposed  by  Section  eleven  of  the  Act  of 
Congress  approved  June  nineteenth,  eighteen  hundred  and  eighty-six, 
entitled"  An  Act  to  abolish  certain  fees  for  officiaJ  services  to  American 
vessels  and  to  amend  the  laws  relating  to  shipping  commissioners,  sea- 
men and  owners  of  vessels,  and  for  other  purposes,"  amending  Section 
fourteen  of  the  Act  of  Congress  approved  June  twenty-sixth,  eighteen 
hundred  and  eighty-four,  entitled  "An  Act  to  remove  certain  burdens 
on  the  American  merchant  marme  and  encourage  the  American 
foreign  carrying  trade,  and  for  other  purposes,"  upon  vessels  entered 
m  ports  of  the  United  States  from  ports  in  the  Province  of  Ontario 
in  the  Dommion  of  Canada;  ports  in  the  island  of  Monserrat  in  the 
West  Indies;  the  ports  of  Panama  and  Aspinwall  (Colon);  port  of 
San  Juan  del  Norte  (Greytown),  Nicaragua;  port  of  Boca  del  Toro, 
United  States  of  Colombia;  ports  in  the  Kingdom  of  the  Netherlands; 
free  ports  of  the  Dutch  East  Indies ;  ports  in  the  island  of  Guadeloupe, 
French  West  India  Islands;  ports  in  the  island  of  Grenada,  British 
West  India  Islands;  and  the  port  of  Copenhagen,  Denmark,  respec- 
tively; 

And  Whereas,  Section  thirty-six  of  the  Act  of  Congress  approved 
August  fifth,  nmeteen  hundred  and  nme,  entitled  an  "Act  to  provide 
revenue,  equalize  duties  and  encourage  the  industries  of  the  United 
States,  and  for  other  purposes,"  will  repeal,  sixty  days  after  the 
approval  of  said  Act,  section  eleven  of  the  Act  of  Congress  approved 
June  nmeteenth,  eighteen  hundred  and  eighty-six,  aforesaid,  amend- 
ing Section  fourteen  of  the  Act  of  Congress  approved  June  twenty- 
sixth,  eighteen  hundred  and  eighty-four,  aforesaid,  by  virtue  of  which 
the  proclamations  aforesaid  were  issued  and  have  continued  in  force 
and  effect; 


186  EXECUTIVE   OEDEKS. 

And  Whereas,  Section  thirty-six  of  the  Act  of  Congress  approved 
August  fifth,  nineteen  hundred  and  nine,  provides  the  rates  of  ton- 
nage duty  which  shall  be  imposed  on  and  after  October  fifth,  nine- 
teen hundred  and  nine,  upon  vessels  which  shall  be  entered  in  any 
port  of  the  United  States; 

Now,  therefore,  I,  William  Howard  Taft,  President  of  the  United 
States  of  America,  in  pursuance  of  the  aforesaid  Section  thirty-six  of 
the  Act  aforesaid,  do  hereby  revoke  the  said  proclamations  of  Janu- 
ary thirty-first,  eighteen  hundred  and  eighty-five,  February  twenty- 
sixth,  eighteen  hundred  and  eighty-five,  September  ninth,  eighteen 
hundred  and  eighty-five,  April  twenty-second,  eighteen  hundred  and 
eighty-seven,  April  sixteenth,  eighteen  hundred  and  eighty-eight.  May 
second,  eighteen  hundred  and  ninety-four,  and  July  nineteenth, 
eighteen  hundred  and  ninety-eight,  suspending  the  collection  of  ton- 
nage taxes  upon  vessels  entered  in  ports  of  the  United  States  from 
ports  in  the  Province  of  Ontario,  in  the  Dominion  of  Canada;  ports 
in  the  island  of  Monserrat  in  the  West  Indies;  the  ports  of  Panama 
and  Aspinwall  (Colon);  port  of  San  Juan  del  Norte  (Grey town), 
Nicaragua;  Port  of  Boca  del  Toro  (now  in  the  Kepublic  of  Panama) ; 
ports  in  the  Kingdom  of  the  Netherlands;  free  ports  of  the  Dutch 
East  Indias;  ports  in  the  island  of  Guadeloupe,  French  West  India 
Islands;  ports  in  the  island  of  Grenada,  British  West  India  Islands, 
and  the  port  of  Copenhagen,  Denmark,  respectively;  this  said  revo- 
cation of  said  proclamations  to  take  effect  on  and  after  the  fifth  day 
of  October,  nineteen  hundred  and  nine. 

In  Testimony  Whereof,  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  sixth  day  of  August  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  nine,  and  of  the 
Independence  of  the  United  States  of  America  the  one  hundred  and 
thirty-fourth. 

[seal.]  Wm.  H.  Taft. 

By  the  President: 
Alvey  a.  Adee, 

Acting  Secretary  of  State. 


ISTHMIAN    CANAL   COMMISSION.  187 


Under  authority  vested  in  me  by  law  it  is  ordered : 

Section  454  of  Act  No.  14  of  the  Laws  of  the  Canal  Zone  is  amended 
to  read  as  follows: 

"Sec.  454.  Permits  to  hunt  with  firearms  upon  the  public  lands  of 
the  Canal  Zone  or  on  the  lands  of  private  ownership,  but  without 
prejudice  to  the  rights  of  the  owners,  may  be  issued  by  the  Treasurer 
of  the  Canal  Zone  upon  application  made  to  him.  But  every  person 
who  shall  hunt  at  night  between  the  hours  of  sunset  and  sunrise  with 
the  aid  or  use  of  a  lantern,  torch,  bonfire,  or  other  artificial  light,  or 
who  shall  hunt  by  the  use  of  a  gun  or  other  firearm  intended  to  be 
discharged  by  an  animal  or  bird,  by  means  of  a  spring  or  trap  or  other 
similar  mechanical  device,  shall  be  guilty  of  a  misdemeanor." 

Wm.  H.  Taft. 

The  White  House,  Septemier  8,  1909. 


18S  EXECUTIVE   OBDERS. 


Under  authority  vested  in  me  by  law  it  is  ordered : 

1.  Chapter  II  of  Title  XII  of  Act  No.  14,  of  the  Laws  of  the  Canal 
Zone,  is  amended  by  the  addition  thereto  of  the  following  section: 

"Section  210.|.  Every  person  who  shall  torture,  cruelly  beat, 
abuse,  wilfully  maltreat,  or  unnecessarily  deprive  of  liberty  any 
child  under  the  age  of  eighteen,  and  every  person  having  custody  or 
possession  of  a  child  under  the  age  of  fourteen  who  shall  expose  it  in 
any  highway,  street,  field,  house  or  other  ]:)lace  with  intent  to  aban- 
don it,  is  guilty  of  a  misdemeanor." 

2.  Section  423,  Chapter  XIV,  Title  XVI,  of  Act  No.  14  of  the  laws 
of  the  Canal  Zone,  is  amended  to  read  as  follows: 

"Section  423.  Every  person  who  shall  overdrive,  overload,  tor- 
ture, cruelly  beat  or  injustifiably  injure,  maim,  mutilate  or  kill  or 
deprive  of  necessar}^  food,  drink  or  shelter,  or  work  when  unfit  for 
labor,  any  animal  whether  wild  or  tame  and  whether  belonging  to 
himself  or  to  another,  or  who,  being  the  owner  or  possessor  or  having 
charge  or  custody  of  a  maimed,  diseased,  disabled  or  infirm  animal 
shall  abandon  it,  or  leave  it  to  die  in  a  street,  road  or  other  place, 
is  guilty  of  a  misdemeanor.  Any  police  officer  may  lawfully  destroy 
or  cause  to  be  destroyed  any  animal  found  abandoned  and  not 
properly  cared  for,  appearing,  in  the  judgmcttt  of  two  reputable 
persons  called  by  him  to  view  the  same  in  his  presence,  to  be  injured 
or  diseased  past  recovery  for  any  useful  purpose." 

3.  Any  duly  appointed  agent  of  a  regularly  organized  humane 
society  in  the  Canal  Zone  may  be  commissioned  by  the  proper 
authorities  of  the  Canal  Zone  as  a  special  police  officer  for  the  enforce- 
ment of  the  provisions  of  this  order  and  of  any  other  law,  regulation 
or  order  in  force  in  the  Canal  Zone  for  the  prevention  of  cruelty  to 
children  and  animals,  and  when  so  commissioned  shall  be  vested  for 
that  purpose  with  all  the  authority  of  a  member  of  the  Canal  Zone 
Police  force. 

Wm.  H.  Taft. 
The  White  House,  October  2,  1909. 


ISTHMIAN    CANAL   COMMISSION.  189 

Under  authority  vested  in  me  by  law,  it  is  ordered : 

Section  1 .  The  Chairman-  of  the  Isthmian  Canal  Commission  shall 
appoint  three  persons  who  shall  constitute  a  "Board  of  Local  Inspec- 
tors." The  members  of  this  Board  shall  be  employees  of  the  Isthmian 
Canal  Commission,  or  the  Panama  Railroad  Company,  or  both,  and 
shall  perform  the  duties  hereinafter  specified  without  additional 
compensation. 

Sec.  2.  The  Board  of  Local  Inspectors  shall  recommend  the  classi- 
fication of  masters,  mates,  engineers,  and  pilots  of  steam  vessels  pro- 
pelled upon  the  waters  within  the  jurisdiction  of  the  Canal  Zone. 
Upon  such  recommendation,  in  writing,  the  Head  of  the  Department 
of  Civil  Administration,  Isthmian  Canal  Commission,  shall  issue 
licenses. 

Sec.  3.  Whenever  any  persqn  applies  to  be  licensed  as  master, 
mate,  engineer,  or  pilot  of  any  steam  vessel  propelled  upon  the  waters 
within  the  jurisdiction  of  the  Canal  Zone,  the  Board  of  Local  Insp^ec- 
tors  shall  make  diligent  inquiry  as  to  his  character,  and  shall  care- 
fully examine  the  applicant,  as  well  as  the  proof  he  presents  in  sup- 
port of  his  claim;  and  if,  upon  full  consideration,  they  are  satisfied 
that  his  character,  habits  of  life,  knowledge,  and  experience  in  the 
duties  of  master,  mate,  engineer,  or  pilot,  are  all  such  as  to  authorize 
the  belief  that  he  is  a  suitable  and  safe  person  to  be  entrusted  with 
the  powers  and  duties  of  such  station,  they  shall  recommend  that  a 
license  be  issued  to  him,  authorizing  him  to  be  employed  on  any 
vessel  propelled  upon  the  waters  within  the  jurisdiction  of  the  Canal 
Zone,  in  such  duties,  for  the  term  of  three  (3)  years;  but  such  license 
shall  be  suspended  or  revoked  upon  satisfactoi^  proof  of  negligence, 
unskilfulness,  or  intemperance.  The  Board  of  Local  Inspectors  will 
recommend  the  assignment  of  mates  or  engineers  to  an  appropriate 
class  designated  "Chief,"  "1st,"  or  "2nd." 

Sec.  4.  The  Isthmian  Canal  Commission  shall  not  engage  for  per- 
manent employment  upon  any  of  its  vessels  propelled  by  steam,  any 
master,  mate,  or  engineer,  who  shall  not  be  duly  licensed  by  the 
United  States,  or  the  Government  of  the  Canal  Zone,  and  who  is  not 
a  citizen  of  the  United  States,  unless  an  American  citizen  is  not 
available ;  and  all  officers  at  present  employed  who  do  not  hold  United 
States  licenses  will  be  required  to  qualify  before  the  Board. 

Sec.  5.  The  Government  of  the  Canal  Zone  may  issue  licenses  as 
masters,  mates,  engineers,  or  pilots  to  persons  who  are  not  citizens  of 
the  United  States. 

Sec.  6.  The  Executive  Order  of  the  Governor  of  the  Canal  Zone, 
dated  December  8,  1905,  is  amended  by  this  order  only  in  so  far  as 
it  provides  for  the  examination  and  licensing  of  pilots. 

Wm.  H.  Taft. 

The  White  House,  October  2,  1909. 


190  .    EXECUTIVE   ORDERS. 


By  direction  of  the  President,  it  is  ordered: 

That  the  Executive  Order  of  March  12,  1907,  e.Tective  July  1,  1907, 
be  and  the  same  is  hereby  amended  by  the  addition  of  the  following: 
"Provided,  That  indemnity  insurance  companies  whose  business 
within  the  Canal  Zone  consists  solely  of  furnishing  fidelity  bonds  of 
employees  of  the  United  States,  which  are  required  by  the  laws  of 
the  Canal  Zone,  or  regulations  of  the  Isthmian  Canal  Commission, 
shall  hereafter  be  exempt  from  liability  to  pay  the  annual  fee  of 
fifty  dollars  and  the  license  tax  of  one  and  one-half  per  centum  of 
their  premium  receipts." 

Robert  Shaw  Oliver, 

Acting  Seci'ttary  of  War. 
War  Department, 

WasUngton,  D.  C,  Octoher  15,  1909. 


rSTHMTAK   CANAL  COMMISSION.  191 


Under  authority  vested  in  me  by  law,  it  is  ordered: 

That  no  operator,  train  dispatcher,  or  other  employee  of  the 
Panama  Raihoad  Company  wlio  by  the  use  of  the  telegraph  or  tele- 
phone dispatches,  reports,  transmits,  receives,  or  delivers  orders 
pertaining  to  or  affecting  train  movements  shall  be  required  or  per- 
mitted to  be  or  remain  on  duty  for  a  longer  period  than  nine  hours 
in  any  twenty-four-hour  period  in  all  towers,  offices,  places,  and 
stations  continuously  operated  night  and  day,  nor  for  a  longer  period 
than  thirteen  hours  in  all  towers,  offices,  places,  and  stations  oper- 
ated only  during  the  daytime,  except  in  case  of  emergency,  wli^n 
the  employees  named  in  this  order  may  be  permitted  to  be  and  re- 
main on  duty  for  four  additional  hours  in  a  twenty-four-hour  period 
on  not  exceedmg  three  days  in  any  week. 

This  order  shall  be  in  effect  on  and  after  January  1,  1910. 

'Wm.  H.  Taft. 

The  White  Hovsi:,,  November  23, 1909. 


192  EXECUTIVE   ORDERS. 


Any  person  who,  as  principal  or  agent,  shall,  with  the  intent  or  for 
the  purpose  of  recruiting  on  the  Canal  Zone  mechanics,  laborers, 
artisans,  or  any  character  of  workmen,  to  go  into  a  foreign  country, 
induce  or  attempt  to  induce  any  person  who  is  working  for  or  is  under 
contract  to  work  for,  or  who  desires  to  work  for,  the  Isthmian  Canal 
Commission  or  the  Panama  Railroad  Company,  or  a  contractor  of 
either  or  both  of  them,  to  cease  to  work  for,  or  break  any  such  con- 
tract to  w^ork  for,  or  not  to  begin  work  for,  the  Isthmian  Canal  Com- 
mission or  the  Panama  Railroad  Company,  or  a  contractor  of  either 
or  .both  of  them,  or  to  leave  the  Canal  Zone  with  a  view  or  for  the 
purpose  of  working  in  a  foreign  country,  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  one  thousand  dollars  ($1,000.00)  or  by  imprison- 
ment in  the  common  jail  not  to  exceed  six  (6)  months,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  Court. 

Wm.  H.  Taft. 

The  AYhite  House,  November  23,  1909. 


ISTHMIAN   CANAL   COMMISSION.  193 


It  is  hereby  ordered  that  no  bureau,  office  or  division  chief,  or  sub- 
ordinate in  any  department  of  the  Government,  and  no  officer  of  the 
army  or  navy  or  marine  corps  stationed  in  Washington,  shall  apply 
to  either  House  of  Congress,  or  to  any  committee  of  either  House  of 
Congress,  or  to  any  member  of  Congress,  for  legislation,  or  for  appro- 
priations, or  for  congressional  action  of  any  kind,  except  with  the 
consent  and  knowledge  of  the  head  of  the  department ;  nor  shall  any 
such  person  respond  to  any  request  for  information  from  either 
House  of  Congress,  or  any  committee  of  either  House  of  Congress,  or 
any  Member  of  Congress,  except  through,  or  as  authorized  by,  the 
head  of  his  department. 

Wm.  H.  Taft 

The  White  House,  November  26,  1909. 


194  EXECUTIVE   ORDERS. 


[Circular.] 

War  Department, 
Washington,  December  4,  1909. 

The  following  order  of  the  President  is  pubhshed  for  the  informa- 
tion and  guidance  of  all  concerned : 

"It  is  hereby  ordered  that  no  bureau,  office  or  division  chief,  or 
subordinate  in  any  department  of  the  Government,  and  no  officer  of 
the  army  or  navy  or  marine  corps  stationed  in  Washington,  shall 
apply  to  either  House  of  Congress,  or  to  any  committee  of  either 
House  of  Congress,  or  to  any  member  of  Congress,  for  legislation,  or 
for  appropriations,  or  for  congressional  action  of  am^  kind,  except 
with  the  consent  and  knowledge  of  the  head  of  the  department;  nor 
shall  any  such  person  respond  to  any  request  for  information  from 
either  House  of  Congress,  or  any  committee  of  either  House  of  Con- 
gress, or  any  Member  of  Congress,  except  through,  or  as  authorized 
by,  the  head  of  his  department. 

"Wm.  H.  Taft. 

''The  White  House,  November  £6,  1909." 

Under  the  exception  contained  in  the  concluding  sentence  of  the 
foregoing  order,  chiefs  of  bureaus  and  the  Chief  of  Staff  are  hereby 
given  general  authority  to  respond  directly  to  any  request  for  infor- 
mation from  either  House  of  Congress  or  any  committee  or  member 
of  either  House  of  Congress  on  all  ordinary  and  routine  matters  per- 
taining exclusively  to  their  respective  offices;  but  information  bear- 
ing on  questions  of  policy;  or  on  important  or  unusual  matters;  or  of 
a  character  w^hich  sound  judgment  would  indicate  as  coming  prop- 
erly within  the  discretion  of  the  head  of  the  Department  whose  views 
Congress,  its  committees  and  members  are  entitled  to  know  in  their 
consideration  of  questions  affecting  the  Department;  or  information 
w^hich  a  chief  of  bureau  or  the  Chief  of  Staff  would  wish  brought  to 
his  knowledge  if  he  were  the  head  of  the  Department  should  not  be 
given  out  without  first  being  submitted  to  and  authorized  by  the 

Secretary  of  War. 

J.  M.  Dickinson, 

Secretary  of  War. 


ISTHMIAN   CANAL   COMMISSION.  195 


By  authority  of  the  President  of  the  United  States,  it  is  ordered: 

That  Act  14,  enacted  by  the  Isthmian  Canal  Commission  by  au- 
thority of  the  President  under  date  of  September  3,  1904,  entitled 
"An  Act  to  establish  a  penal  code  for  the  Canal  Zone,  Isthmus  of 
Panama,"  be  and  the  same  is  hereby  amended  by  adding  after  para- 
graph 6  of  Section  450  the  following : 

"7.  As  a  member  of  a  rifle,  gun  or  pistol  club,  organized  for  the 
promotion  of  rifle,  gun  or  pistol  practice,  a  certified  copy  of  whose  con- 
stitution and  by-laws  has  been  approved  by  the  Chief  Executive  of 
the  Canal  Zone  and  filed  with  the  Collector  of  Revenues,  when  going 
to  and  from  a  target  range  and  when  engaged  in  target  practice  at  a 
target  range.  For  the  purposes  of  this  section  certificates  of  member- 
ship in  such  rifle,  gun  or  pistol  club  shall  be  issued  under  regulations 
approved  by  the  Chief  Executive  of  the  Canal  Zone." 
and  Section  456  be  and  the  same  is  hereby  amended  as  follows : 

"The  license  fees  for  permits  issued  by  the  Treasurer  under  the 
provisions  of  this  Title  shall  be  as  follows :  For  every  permit  issued  to 
carry  a  firearm  abroad,  five  dollars  ($5);  for  every  permit  authorizing 
an  overseer  or  watchman  engaged  by  a  private  employer,  ten  dollars 
($10)  for  each  watchman  or  overseer  so  authorized  to  carry  a  firearm; 
for  each  hunting  permit,  five  dollars  ($5) ;  provided  that  no  charge 
shall  be  made  for  hunting  permits  issued  to  enlisted  men  of  the  Marine 
Corps  stationed  on  the  Isthmus  of  Panama.  The  Treasurer  shall 
keep  a  record  of  all  licenses  issued  by  him,  with  the  name  and  residence 
of  the  persons  to  whom  they  are  issued,  and  the  date  and  serial  num- 
ber thereof." 

J.  M.  Dickinson, 

Secretary  oj  Vi'ar. 

War  Department, 

Washington,  D.  C,  December  1,  1909. 


196  EXECUTIVE   OHDKRS. 


The  Executive  Order  of  February  20,  1908,  prescribing  the  proce- 
dure to  be  observed  in  submitting  recommendations  affecting  the 
metliod  of  appointment  in  the  chissified  service,  will  be  amended  by 
adding  to  line  five  after  the  word  ''Rules"  the  following:  "or  pro- 
posing any  exception  to  the  requirements  of  said  Act  or  Rules,  or 
Labor  Regulations,  in  either  the  classified  or  unclassified  service": 
and  by  adding  to  line  sixteen  after  the  word  ''Congress"  the  follow- 
ing: "in  which  case  it  shall  onh*  be  made  through  or  as  authorized 
by  the  head  of  the  Department." 

As  amended  the  Order  will  read : 

"Hereafter  the  following  procedure  shall  be  strictly  observed  by 
officers  and  emplo3^ees  in  the  Executive  Civil  Service  in  submitting 
any  recommendation  affecting  the  method  of  appointment  to  any 
position  or  class  of  positions  now  included  or  which  may  be  included 
in  the  classified  service  under  the  operation  of  the  Civil  Service  Act 
or  Rules,  or  proposing  any  exception  to  the  requirements  of  the  said 
Act  or  Rules,  or  Labor  Regulations,  in  either  the  classified  or  un- 
classified service: 

"Every  recommendation  shall  be  accompanied  by  a  full  statement 
of  the  reasons  therefor,  and,  if  approved  by  the  head  of  the  proper 
Department  or  independent  bureau,  shall  be  referred  to  the  Civil 
Service  Commission,  wliicli  body  shall  submit  a  report  thereon  to  the 
President. 

"No  recommendation  cf  the  character  mentioned  shall  be  sub- 
mitted by  an}^  officer  or  employee,  directly  or  indirectly,  to  Congress 
or  to  any  committee  or  member  of  Congress,  except  in  the  manner 
herein  provided  unless  such  recommendation  shall  be  called  for  from 
such  officer  or  employee  by  the  Senate,  the  House  of  Representatives 
or  the  Congress,  in  wiiich  case  it  shall  only  be  made  through  or  as 

authorized  by  the  head  of  the  Department." 

Wm.  H.  Taft. 
The  White  House,  January  12,  1910. 


ISTHMIAN    CANAL   COMMISSION.  19.7 


The  Isthmian  Canal  Commission  may,  from  the  necessities  of  sani- 
tation, cause  such  improvements  to  be  made  in  the  Canal  Zone  as  the 
construction  of  streets,  roads,  and  trails,  water  and  sewer  S3'stems, 
and  similar  sanitary  improvements,  and  may  charge  such  proportion 
of  the  cost  thereof,  not  to  exceed  one-half,  to  the  owners  of  the  prop- 
erty adjacent  to,  abutting  upon,  or  within  the  district  in  which  such 
improvement  is  necessary  and  has  been  made,  as  may  be  decided  by 
the  Isthmian  Canal  Commission  to  be  just  and  equitable. 

Due  notice  of  all  such  improvements  shall  be  given  to  persons 
affected  thereby  together  with  the  estimated  assessment,  in  accord- 
ance with  rules  to  be  issued  by  the  Isthmian  Canal  Commission. 
Any  unpaid  assessment  shall  become  a  lien  upon  the  property  affected 
therebv  collectible  as  provided  bv  law. 

Wm.  H.  Taft. 

The  White  House,  January  26,  1910. 


198  EXECUTIVE   OBDERS. 


By  authority  of  the  President  of  the  United  States,  it  is  ordered : 
That  each  member  of  the  Board  of  Local  Inspectors,  appointed 
under  the  authority  of  Executive  Order  No.  1131  of  the  President, 
dated  October  2,  1909,  is  hereby  authorized  to  administer  oaths  nec- 
essary in  conducting  the  business  of  the  Board. 

J.  M.  Dickinson, 

Secretary  of  War. 
War  Department, 
[_^  WasMngton,  B.C.,  February  8,  1910. 


ISTHMIAN    CANAL   COMMISSION.  199 


The  provisions  of  the  second  paragraph  of  the  Executive  Order  of 
March  13,  1907,  which  fix  the  duties  of  the  district  tax  collectors  of 
the  Canal  Zone,  shall  not  require  the  collection  by  them  of  moneys 
to  be  paid  for  liquor  licenses  under  the  regulation  respecting  the 
sale  of  intoxicating  liquors  in  the  Canal  Zone,  approved  by  the 
Isthmian  Canal  Commission  April  27,  1907;  but  such  moneys  shall 
be  collected  by  the  Collector  of  Revenues  or  his  deputy  or  assistant. 

Wm.  H.  Taft. 

The  White  House,  April  2,  1910. 

98987—11 14 


200  EXECUTIVE   ORDERS. 


Maurice  H.  Thatcher  is  hereby  appointed  a  member  of  the  Isthmian 
Ganal  Commission  with  compensation  at  the  rate  of  Fourteen  Thou- 
sand Dollars  ($14,000)  per  annum,  effective  upon  date  of  sailing  for 
the  Isthmus  of  Panama. 

Commissioner  Thatcher  will  be  allowed  the  use  of  a  furnished 
dwelling  house  on  the  Isthmus  of  Panama  and  will  be  allowed  and 
paid  his  actual  and  necessary  expenses  while  away  from  the  Isthmus 
on  official  business. 

Wm.  H.  Taft. 

The  White  House,  April  12,  1910. 


ISTHMIAN    CANAL  COMMISSION.  201 


By  virtue  of  the  authority  vested  in  me  I  hereby  estabhsh  the  fol- 
iQwiiio-  Order  for  the  Canal  Zone: 

Article  1.  The  Counsel  and  Chief  Attorney  for  the  Isthmian  Canal 
Commission  shall  be  legal  adviser  to  the  Commission,  the  Chairman 
thereof  and  to  the  Head  of  the  Department  of  Civil  Administration; 
he  shall  submit  his  opinions  in  writing  when  requested  by  the  Com- 
mission, the  Chairman  thereof  or  the  Head  of  the  Department  of  Civil 
Administration;  he  shall  have  the  direction  and  control  of  all  litiga- 
tion before  the  courts  of  the  Canal  Zone  or  the  Republic  of  Panama 
in  which  the  Commission,  or  the  Government  of  the  Canal  Zone  or 
any  of  its  dependencies  are  interested  or  involved,  and  he  may  appear 
for  them,  or  either  of  them,  before  said  courts  when  he  deems  it  nec- 
essary; he  shall  have  the  supervision  and  direction  of  all  prosecutions 
for  offenses  against  the  laws  of  the  Canal  Zone,  and  he  may  inquire 
into  criminal  matters  and  prosecute  the  same  in  person  before  the 
courts,  when  in  his  opinion  it  jnay  be  Jiecessary  to  do  so. 

Article  2.  The  Counsel  and  Chief  Attorney  for  the  Isthmian  Canal 
Commission,  the  Prosecuting  Attorney,  the  Assistant  Prosecuting 
Attorney,  or  other  counsel  specially  designated  by  the  Head  of  the 
Department  of  Civil  Administration,  shall  have  equal  authority  with 
the  judges  of  the  courts  of  the  Canal  Zone  to  issue  subpoenas  for  wit- 
nesses in  criminal  cases,  and  each  of  said  officers,  as  well  as  any  judge 
of  any  of  the  courts  of  the  Canal  Zone,  may  examine  witnesses  under 
oath  in  the  investigation  of  offenses  against  the  laws  of  the  Canal  Zone. 

Article  3.  The  information  in  a  criminal  case  may  be  filed  by  the 
Prosecuting  Attorney,  the  Assistant  Prosecuting  Attorney,  or  other 
counsel  specially  designated  by  the  Head  of  the  Department  of  Civil 
Administration,  as  well  as  by  the  Counsel  and  Chief  Attorney  for 
the  Isthmian  Canal  Commission,  and  it  may  be  verified  by  any  of 
said  officers,  and  the  affidavit  shall  be  sufiicient  if  it  states  that  the 
information  is  based  upon  the  sworn  testimony  of  witnesses  and  that 
the  affiant  solemnly  believes  that  there  is  just  cause  for  the  filing  of 
the  information. 

Article  4.  Section  138  of  the  Code  of  Criminal  Procedure  is  hereby 
amended  to  read  as  follows: 

Section  138.  When  the  information  is  not  subscribed  and  sworn 
to  by  the  Prosecuting  Attorney,  or  other  officer  authorized  to  file 
informations,  it  must  be  set  aside  by  the  court  in  which  the  defendant 
is  arraigned,  upon  his  motion. 

Article  5,  Civil  and  criminal  process  issued  from  any  court  or 
tribunal  of  the  Canal  Zone  may  be  executed  and  return  thereon 
made  by  any  peace  officer  of  the  Canal  Zone. 


202  EXECUTIVE   ORDERS. 

The  following  are  peace  officers :  The  Marshal  and  Deputy  Marshals 
of  the  Supreme  Court ;  the  Marshal  of  each  of  the  Circuit  Courts ;  the 
Bailiffs  of  the  Supreme  and  Circuit  Courts  and  all  officers  and  mem- 
bers of  the  police  force  of  the  Canal  Zone, 

The  provisions  of  this  Article  are  cumulative,  and  shall  not  be 
construed  to  repeal  or  modif}^  the  existing  laws  relating  to  the  execu- 
tion of  process  and  return  thereon. 

Article  6.  All  laws  or  orders,  or  parts  thereof,  in  conffict  with  this 
Order  are  hereby  repealed. 

Wm.  H.  Taft. 

The  White  House,  April  16,  1910. 


ISTHMIAN    CAXAL   COMMISSION.  203 


Under  authorit}"  vested  in  me  by  law,  it  is  ordered  that  so  much 
of  Act  No.  8  enacted  by  the  Isthmian  Canal  Commission  September  2, 
1904,  as  provides  that  certain  duties  be  performed  by  the  Executive 
Secretary,  is  hereby  amended. 

The  office  of  Executive  Secretary  will  be  abolished  on  June  1,  1910, 
and  the  duties  heretofore  devolving  upon  that  official  will  on  and 
after  that  date  be  performed  by  any  official  of  the  Department  of 
Civil  Administration  that  may  be  designated  by  the  proper  authority. 

J.  M.  Dickinson, 

Secretary  of  War. 
War  Department, 

Washington,  D.  C,  May  24,  1910. 


2Q4  EXECUTIVE   OEDEBS. 


By  virtue  of  the  autbority  vested  in  me,  I  hereby  estabUsh  the 
follo^^^ng  Executive  Order  for  the  Canal  Zone  and  its  auxihaiy  lands 

""""section  1  The  Isthmian  Canal  Commission  is  hereby  empowered 
to  establish  rules  and  regulations  to  faeiUtate  and  protect  the  works 
of  excavation,  dredging  and  other  Canal  construction  .sathin  the 
Canal  Zone  and  the  lands  and  waters  auxihary  thereto:  as  .^^ll  as 
such  rules  and  regulations  respecting  the  use,  or  passage  through  any 
of  the  Canal  channels,  lakes  and  other  auxiliary  waters  as  from  time 
to  time  the  Commission  may  deem  needful  to  fully  protect  such 
channels,  lakes  and  auxihary  waters,  and  to  facihtate  and  protect 
the  operations  of  Canal  construction  therem. 

The  rules  and  reflations  that  may  be  ^^^P^-^^^^^  ^^^^^^ 
mission  in  accordance  with  the  provisions  of  this  Ordei  ^h.^   l^je 
the  force  and  effect  of  law  when  approved  by  the  Secretary  of  ^\  ar 

Section  2.  Any  person  violating  any  of  the  provi^ons  of  the  rules 
and  regulations  estabUshed  hereunder  shall  be  guilty  of  a  misde 
meano^.  and  on  comdction  thereof  shall  be  punished  by  a  fine  not  o 
exceed  five  hundred  dollars  (S500),  or  by  imprisonment  m  the  dis- 
trict jail  for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  ^^^^^   ^  ^^^^ 

The  White  House,  July  25,  1910. 


ISTHMIAN    CANAL  COMMISSION.  205 


By  virtue  of  the  authority  vested  in  me  I  hereby  estabUsh  the  fol- 
lowing Order  for  the  Canal  Zone  Government:  •    ' 

Section  1.  No  civil  action  or  special  proceeding  shall  be  brought 
or  proceeded  with  in  the  courts  of  the  Canal  Zone,  in  any  case  in 
which  both  of  the  parties,  plaintiff  and  defendant,  are  alien  non- 
residents of  the  Canal  Zone,  and  the  cause  of  action  is  one  wliich  arose 
without  the  territorial  limits  of  the  Canal  Zone  Government,  and 
the  party  proceeded  against  has  no  property  within  said  territorial 
limits,  subject  to  the  jurisdiction  of  the  Canal  Zone  courts. 

Neither  shall  any  civil  action  or  special  proceeding  be  brought  or 
proceeded  with  in  the  courts  of  the  Canal  Zone  when  both  parties, 
plaintiff  and  defendant,  though  citizens  of  the  United  States,  are 
found  transiently  within  the  limits  of  the  Canal  Zone  Government, 
unless  the  cause  of  action  is  one  arising  within  the  said  territorial 
limits,  or  the  party  proceeded  against  has  property  within  the  said 
limits,  subject  to  the  jurisdiction  of  the  Canal  Zone  courts. 

Tliis  Order  shall  not  be  construed  to  exclude  from  the  jurisdiction 
of  the  Canal  Zone  courts  cases  between  parties  who  have  an  official 
or  business  residence  witliin  the  territorial  limits  of  the  Canal  Zone 
Government,  or  who  reside  therein  for  the  purpose  of  any  occupation 
or  employment,  notwithstanding  that  they  may  not  have  acquired 
a  permanent  residence  within  said  territorial  limits. 

Section  2.  All  laws,  orders  and  decrees,  or  parts  thereof,  in  con- 
fhct  with  this  order,  are  hereby  repealed. 

Wm.  H.  Taft. 

The  White  House,  July  28,  1910. 


206  EXECUTIVE    ORDERS. 


By  virtue  of  the  autliority  vested  in  me  I  hereby  estabUsh  the 
following  Order  for  the  Canal  Zone: 

Article  1.  Any  deed  or  other  instrument  in  writing  relative  to  or 
afl'ecting  real  estate  the  separate  property  of  a  married  woman,  or  any 
mortgage  or  other  lien  on  such  property,  shall  be  sufficient  if  the  hus- 
band of  the  married  woman  joins  with  her  in  the  execution  of  the 
instrument  and  the  same  is  acknowledged  by  them  before  an  officer 
authorized  to  take  acknowledgments  hereunder,  in  conformity  with 
the  provisions  hereof. 

'  Article  2.  Any  deed  or  other  instrument  in  writing  heretofore 
executed  by  a  married  woman  joined  by  her  husband  and  otherwise  in 
conformity  to  law,  conveying  lands  or  interests  therein  belonging  to 
her  separate  estate,  or  creating  a  mortgage  or  other  lien  thereon,  shall 
be  held  to  be  vaUd  and  effective  to  pass  such  title  to  or  interest  in 
such  land,  or  to  create  such  mortgage  or  other  lien  thereon,  from  the 
date  of  the  execution  of  the  deed  or  other  instrument,  although  no 
order  may  have  been  o])tained  as  required  by  the  Ci\dl  Code  from  a 
court  or  judge  to  authorize  such  conveyance,  mortgage,  or  other  lien. 

Article  3.  In  onler  to  acknowledge  the  execution  of  an  instrument 
in  writing  under  the  provisions  hereof  the  parties  shall  appear  in  person 
before  tiie  officer  authorized  to  take  tlie  same  and  acknowledge  to  him 
that  they  have  executed  the  same  for  the  purposes  and  considerations 
expressed  in  the  instrument.  Tf  the  parties  making  the  acknowledg- 
ment or  either  of  them  is  not  personally  known  to  the  officer  taking 
the  acknowledgment,  their  identit}"  must  be  established  on  the  oath 
of  a  credible  witness;  and,  in  addition,  the  married  woman  making 
the  aclaiowledgment  must  be  exaniijied  privily  and  apart  from  her 
husband  by  the  officer  taking  her  acknowledgment,  and  the  contents 
of  the  instrument  in  writing  must  be  fully  ex])lained  to  her  by  him, 
and  he  shall  not  accept  her  acknowledgment  unless  she  declares  to 
him  that  she  has  willingly  signed  the  instrument,  without  fear  or  com- 
pulsion on  the  part  of  her  husband,  and  that  she  does  not  wish  to 
retract  it. 

The  certificate  of  acknowledgment  of  the  husband  shall  be  suffi- 
cient if  it  is  substantially  in  the  following  form: 

The Judicial  Circuit,! 

Canal  Zone. 

Before  me, ,  in  and  for ,  in  the  Canal  Zone, 

on  this  day  personally  appeared ,  known  to  me  (or  proven  to  me  on 

the  oath  of   ,  a  credible  witness)  to  be  the  person  whose  name  is 


'} 


ISTHMIAN    CAXAL   COMMISSION.  207 

subscribed  to  the  foregoing  instrument,  and  acknowledged  to  me  that  he  executed 
the  same,  for  the  purposes  and  consideration  therein  expressed. 
Given  under  mv  hand  and  seal  of  office  this dav  of A.  D 


The  certificate  of  acl^nowledgment  of  a  married  woman  shall  be 
sufficient  if  it  is  substantially  in  the  following  form: 

The Judicial  Circuit,! 

Canal  Zone.  f 

Before  me, ,  ,  in  and  for ,  in  the  Canal  Zone, 

on  this  day  personally  appeared ,  known  to  me  (or  proven  to  me  on 

the  oath  of ,  a  credible  witness)  to  be  the  person  whose  name  is  sub- 
scribed to  the  foregoing  instrument,  and  the  said ,  being  examined  by 

me  privily  and  apart  from  her  husband ,  and  having  had  said  instru- 
ment fully  explained  to  her  by  me,  acknowledged  the  same  to  be  her  act  and  deed, 
and  declared  that  she  had  willingly  signed  the  same  for  the  purposes  and  considera- 
tion therein  expressed,  without  fear  or  compulsion  on  the  part  of  her  husband,  the 
said ,  and  that  she  did  not  wish  to  retract  it. 

Given  under  my  hand  and  seal  of  office  this day  of A.  D 


Article  4.  Any  instrument  in  writing  required  to  be  acknowledged 
by  the  provisions  of  this  Order,  or  b}^  any  other  law  or  order  of  the 
Canal  Zone,  shall  be  acknowledged  before  a  judge  of  any  court  of  the 
Canal  Zone,  the  clerk  thereof,  or  before  any  notary  pubUc  of  said  Canal 
Zone,  and  may  also  be  acknowledged  before  the  judge  of  any  court 
of  record  or  the  clerk  thereof  or  before  any  notary  public  within 
any  state,  territory,  district  or  possession  of  the  United  States. 

If  the  instrument  is  one  executed  in  a  foreign  country  the  same 
may  be  acknowledged  before  any  diplomatic  or  consular  officer  or 
commercial  agent  of  the  United  States,  accredited  to  such  country. 

The  officers  authorized  to  take  acknowledgments  hereunder  are 
also  empowered  to  issue  proper  certificates  of  the  same. 

Article  5.  Articles  189  and  1810  of  the  Civil  Code,  and  all  laws, 
orders,  and  decrees  and  parts  thereof,  in  conflict  with  this  Order 
are  hereby  repealed;  provided,  however,  that  this  Order  shall  not 
affect  an}'  deed  or  other  instrument  executed  pursuant  to  the  laws 
in  force  prior  to  the  date  upon  which  this  Order  shall  take  effect. 

Wm  H  Taft 
The  White  House,  August  20,  1910. 


208  EXECUTIVE   ORDERS. 


Civil  Service  Rule  X,  paragraph  8,  clause  (a),  is  hereby  amended  by 
insertino;  in  the  tenth  line  after  the  word  ''requirement"  the  following 
words:  "in  cases  of  transfer  from  the  Isthmus  of  Panama  or " 

As  amended'  clause  (a)  will  read  as  follows : 

"He  must  have  served  three  years  in  or  under  the  department 
or  independent  office  from  which  transfer  is  proposed;  but  the  Com- 
mission may  waive  this  requirement,  when  it  deems  such  action 
necessary  in  the  interest  of  the  service,  in  cases  of  transfer  other 
than  from  one  executive  department  to  another  at  Washington,  D.  C. 
In  any  case  he  must  have  received  absolute  appointment  and  have 
actually  served  at  least  six  months  next  preceding  the  transfer;  but 
the  Commission  may  waive  this  latter  requirement  in  cases  of  trans- 
fer from  the  Isthmus  of  Panama  or  where  the  person  has  been  sepa- 
rated within  a  year  from  a  competitive  position  after  six  months' 
service  therein,  upon  the  certificate  of  the  proper  officer  that  the 
separation  was  caused  by  necessary  reduction  of  force  and  not  by 
inefficiency,  and  may  allow  transfer  to  any  other  department  or 
office  upon  his  passing  an  examination  prescribed  by  the  Commission 
testing  his  efficiency  for  the  position  to  which  his  transfer  is  pro- 
posed, subject  to  the  other  provisions  of  this  rule." 

The  purpose  of  this  order  is  to  give  to  employees  in  the  Canal 
Service  who  are  otherwise  eligible  the  same  consideration  as  is  accorded 
to  employees  in  the  classified  Philippine  Service  who  have  rendered 
at  least  three  years  of  meritorious  service  in  the  Tropics. 

^YM  IT  Taft 

The  White  House,  Sfptemher  16,  1910. 


ISTHMIAN    CANAL   COMMISSION.  209 


By  virtue  of  the  authority  vested  in  me,  I  hereby  establish  the 
following  Executive  Order  for  the  Canal  Zone  Government ; 

Section  1.  The  ofhee  of  District  Tax  Collector,  created  by  para- 
graph two  of  the  Executive  Order  effective  April  15,  1907,  is  hereby 
abolished. 

Section  2.  The  duties  heretofore  discharged  by  the  District  Tax 
Collectors  shall  be  performed  by  the  Collector  of  Revenues  in  person 
or  by  duly  appointed  deputies,  provided  that  there  shall  be  a  Deputy 
Collector  of  Revenues  assigned  to  each  Administrative  District,  who, 
under  the  direction  and  supervision  of  the  Collector  of  Revenues  shall 
exercise  and  perform  the  duties  of  the  Collector  of  Revenues  within 
the  respective  districts.  The  Collector  of  Revenues  shall  have  such 
additional  deputies,  assistants  and  other  help  as  are  now  assigned  to 
him  or  may  hereafter  be  assigned  to  him  by  competent  authority. 

The  existing  laws  relating  to  the  execution  of  official  bonds  by  the 
Collector  of  Revenues  and  his  deputies  shall  not  be  affected  in  any 
manner  by  this  order. 

Section  3.  Taxes  and  penalties  assessed  against  real  estate  or  the 
improvements  thereon  shall  constitute  a  lien  on  such  property  which 
shall  be  superior  to  all  other  liens,  mortgages  or  encumbrances  of  any 
kind  whatsoever  and  shall  be  enforceable  against  the  property 
whether  in  the  possession  of  the  delinquent  or  any  subsecpient  owner 
and  can  be  discharged  only  by  the  payment  of  the  taxes,  a  penalty  of 
twenty  per  cent.  (20%),  and  any  costs  that  may  have  accrued. 

Section  4.  A  statement  showing  the  persons  delinquent  for  taxes 
in  the  respective  districts  prepared  and  signed  by  the  Collector  of 
Revenues  and  approved  by  the  Head  of  the  Department  of  Civil 
Administration  and  containing  the  requisites  prescribed  by  Section 
54  of  Act  7  of  the  Laws  of  the  Canal  Zone  enacted  September  1, 
1904,  shall  be  sufficient  warrant  for  the  proceedings  to  seize  and  sell 
property  sufficient  to  satisfy  the  amount  of  taxes,  penalties  and  costs 
due  in  each  case,  and  the  monies  acquired  by  the  Collector  of  Reve- 
nues at  such  sale  shall  be  duly  accounted  for  by  him  to  the  Treas- 
urer of  the  Canal*  Zone,  in  like  manner  as  other  public  monies 
received  by  him;  and  in  making  returns  thereof  he  shall  show  the 
total  amount  of  proceeds  received  from  such  sale,  the  amount  of 
taxes,  penalties  and  costs  and  any  surplus  remaining  that  may  have 
been  paid  over  to  the  delinquent  tax  payer  for  the  payment  of 
such  surplus. 


210  EXECUTIVE    ORDERS. 

Section  5.  The  owner  of  personal  property  seized  may  redeem  the 
same  from  the  Collector  of  Revenues  at  any  time  before  the  sale, 
but  not  afterwards,  by  tendering  to  him  or  his  deputy  the  amount 
of  the  taxes,  penalties  and  costs  up  to  the  time  of  the  tender;  the 
costs  to  be  charged  in  making  such  seizure  and  sale  shall  only  em- 
brace the  actual  expense  of  the  seizure  and  preservation  of  the 
property  pending  the  sale,  and  no  charge  shall  be  imposed  for  the 
services  of  the  collecting  odicer. 

The  purchaser  at  a  tax  sale  of  personal  property  shall  acquire  an 
indefeasible  title  to  the  property  sold,  and  the  oflicer  making  the 
sale  shall  execute  a  bill  of  sale  of  such  property  to  the  purchaser. 

Section  6.  The  provisions  of  said  Act  7  of  the  Canal  Zone  Laws, 
relating  to  the  forfeiture  of  real  estate  and  other  immoveable  prop- 
erty to  the  municipalities,  formerly  existing,  in  default  of  bidders  at 
tax  sales,  and  the  procedure  therein  estal)lished  in  such  cases,  and 
the  conditions'  therein  prescribed  in  respect  to  the  redemption  of 
such  property  by  the  delinquent  tax  payers,  and  the  execution  of 
deeds  to  the  municipalities  thereunder  when  the  ])roperty  was  not 
duly  redeemed  shall  apply  hereafter  to  the  Canal  Zone  Government, 
and  the  property  shall  pass  to  the  Canal  Zone  Gin'ernment  in  default 
of  bidders  at  such  tax  sales,  in  like  manner  and  form  as  it  did  to 
the  abolished  municipalities  under  the  said  Act  7. 

Section  7.  Deeds  conveying  title  to  real  estate  or  to  improvements 
thereon  executed  by  the  Collector  of  Revenues  or  his  deputies  to 
private  persons  or  to  the  Canal  Zone  Government  under  tax  sales 
pursuant  to  law,  shall  convey  all  right,  title,  and  interest  of  the 
delinquent  tax  payer  in  and  to  the  property  sold,  on  the  date  of  such 
sale,  and  shall  be  entitled  to  registration  in  the  real  estate  records  of 
the  district  in  which  the  property  is  situated. 

Section  8.  All  the  provisions  of  said  Act  7  of  the  Canal  Zone  Laws 
relating  to  the  levy,  assessment  and  payment  of  taxes  and  the 
enforced  collection  thereof  which  conferred  powers  and  imposed  duties 
on  the  officials  of  the  abolished  municipalities  shall  be  held  to  apply  to 
the  Collector  of  Revenues,  and,  hereafter,  he  shall  exercise  and  dis- 
charge all  of  saiil  powers  and  duties  in  person  or  through  his  diputies 
in  the  respective  administrative  districts. 

Section  9.  All  laws,  orders  or  decrees  in  confhct  with  this  order 
are  hereby  repealed,  but  the  repeal  shall  not  affect  any  action  or  pro- 
cedure that  may  have  been  taken  or  had  under  preexisting  laws  and 
such  action  or  procedure  if  not  terminated  shall  be  proceeded  with  in 
conformity  with  this  order  as  near  as  may  be;  and,  provided  further, 
property  now  delinquent  for  taxes  may  be  sold  to  satisfy  the  taxes 
due  thereon  under  the  provisions  hereof  in  like  manner  as  may  be 
done  with  property  becoming  delinquent  hereafter. 


TSTHMTAN    CANAL    COMMTSSTCN.  211 

Section  10.  Nothing  in  this  Executive  Order  shall  be  hekl  to 
deprive  the  Chairman  and  Chief  Engineer  or  the  Head  of  the  Depart- 
ment of  Civil  Administration  from  exercising  any  power  or  authority 
now  conferred  on  them,  or  either  of  them,  by  law  in  relation  to  the 
appointment  of  oJfhcers  and  employees,  or  the  supervision  of  the 
WQrk  of  officers  and  employees  responsible  or  reporting  to  them,  or 
to  either  of  them. 

Wm  H  Taft. 

The  White  House,  October  4,  1910. 


212  EXECUTIVE   ORDERS. 


Isthmian  Canal  Commission. 
Office  of  Chairman  and  Chief  Engineer, 

CuLEBRA,  Canal  Zone,  October  4,  1910. 
The  Department  of  Law,  created  by  the  Executive  Order  of 
January  6,  1908,  estabhsliing  an  organization  under  the  Isthmian 
Canal  authorities,  shall  be  under  the  direction  of  the  Counsel  and 
Chief  Attorney,  subject  to  the  supervision  of  the  Chairman  and  Chief 
Engineer. 

In  addition  to  the  powers  and  duties  assigned  to  him  by  the  Execu- 
tive Order  of  April  16,  1910,  the  Counsel  and  Chief  Attorney  shall  be 
charged  ^vith  the  general  supervision  of  the  legal  matters  pertaining 
to  the  Commission,  including  the  acquisition  of  right  of  way  and  the 
adjustment  of  land  damages. 

Geo.  W.  Goethals, 
Chairman  and  ChieJ  Engineer. 
Approved  October  4,  1910. 

Robert  Shaw  Oliver, 

Acting  Secretary  of  War 
War  Department,  Washington,  D.  C. 


ISTHMIAN    CANAL   COMMISSION.    *  213 


To  Prescribe  the  Manner  of  Leasing  Public  Lands  in  the 

Canal  Zone. 

By  virtue  of  the  authority  vested  in  me  I  hereby  estabhsh  the 
following  order  for  the  Canal  Zone : 

Section  1.  The  Isthmian  Canal  Commission  is  hereby  authorized 
and  empowered  to  establish  rules  and  regulations,  from  time  to  time, 
for  the  leasing  of  public  lands  in  the  Canal  Zone,  in  accordance  with 
the  pro^asions  of  the  Act  of  Congress,  approved  February  27,  1909, 
and  entitled:  "An  act  relating  to  the  use,  control  and  ownership  of 
lands  in  the  Canal  Zone,  Isthmus  of  Panama." 

Section  2.  The  leases  for  public  lands  authorized  to  be  made  under 
said  Act  of  Congress  shall  be  executed  by  the  officer  in  charge  of  the 
Land  Office  of  the  Canal  Zone  Government,  with  the  approval  of 
the  Head  of  the  Department  of  Civil  Administration:  but  the  Isth- 
mian Canal  Commission,  with  the  approval  of  the  Secretary  of  War 
may  designate  some  other  officers  to  execute  or  approve  such  leases, 
when,  in  the  opinion  of  the  Commission  it  is  necessary  or  convenient 
to  do  so. 

Wm  H  Taft. 

The  White  Uovse,  October  7, 1910. 


214  ■  EXECUTIVE   ORDERS. 


War  Department, 

Washington,  January  5,  1911. 
Orders: 

1 .  By  direction  of  the  President,  it  is  ordered  that  the  first  proviso 
of  section  1  of  the  Order  issued  by  the  Secretary  of  War,  by  (hrection 
of  the  President,  on  December  3,  1904,  which  was  promulgated  in 
Circular  No.  4,  Isthmian  Canal  Commission,  December  30,  1904,  be 
amended  to  read  as  follows: 

"'Provided,  however,  That  this  order  shall  cease  to  be  operative — 

"First.  If  the  Republic  of  Panama  should  at  an}'  time  increase  the 
rate  of  duty  on  imported  articles  described  in  class  2  of  the  Act  of  the 
National  Convention  of  Panama  passed  July  5,  1904,  and  effective 
October  12,  1904,  above  fifteen  per  centum  ad  valorem,  provided  for 
in  said  Act;  or  if  the  said  Republic  should  increase  at  any  time  the 
rates  of  duty  on  the  importetl  articles  described  in  the  other  schedules 
of  said  Act,  except  on  all  forms  of  imported  wines,  liquors,  alcohols 
antl  opium,  upon  which  the  Republic  may  fix  higher  rates. 

"Second.  If  Article  thirty-eight  of  the  Constitution  of  the  Republic 
of  Panama,  as  modified  by  Article  one  hundred  and  forty-six  thereof, 
is  repealed  or  modified  at  an}^  time  in  so  far  as  the  importation  and 
sale  of  all  kinds  of  merchandise  are  concerned. 

' '  Third.  If  the  consular  fees  and  charges  of  the  Republic  of  Panama, 
in  respect  to  the  entry  of  all  vessels  and  importations  into  the  said 
ports  of  (yolon  and  Panama,  are  increased  beyond  the  rates  now  in 
force, — which  rates  are  understood  to  be  sixty  per  centum  of  the  rates 
in  force  prior  to  the  promulgation  of  said  order  of  December  3,  1904; 
or, 

"Fourth.  If  goods  imported  into  the  ports  of  Colon  and  Panama, 
consigned  to  or  designated  for  any  port  in  the  Canal  Zone,  are  at  any 
time  subjected  in  the  Republic  of  Panama  to  any  other  direct  or 
indirect  impost  or  tax  whatever." 

2.  Paragraph  3  of  the  Order  issued  by  the  Secretary  of  War,  by 
direction  of  the  President,  on  January  7,  1905,  which  contemplates 
the  exclusion  from  the  benefits  of  the  commissaries  established  and 
maintained  by  the  Canal  t'ommission  of  all  employees  and  workmen 
who  are' natives  of  tropical  countries  is  hereby  revoked. 

J.  M.  Dickinson, 

Secretary  of  War, 


ISTHMIAN    CANAL   COMMISSION".  215 


Under  authority  vested  in  me  by  law,  it  is  ordered: 
The  Isthmian  Canal  Commission  is  hereby  authorized  to  use  six- 
meter  French  dump  cars  for  the  purpose  of  obtaining  gravel  from 
the  bed  of  the  Chagres  River  until  July  1,  1911,  without  equipping 
such  cars  with  the  various  safety  appliances  required  by  the  pro- 
visions of  Executive  Order  No.  1002,  dated  January  6,  1909, 

Wm  H  Taft. 
The  White  JIotjs^,  January  16, 1911. 

98987—11 15 


21Q  EXECUTIVE   ORDKKS. 


To  Create  a  Land  Office  for  the  Canal  Zone  and  for  Other 

Purposes. 

By  virtue  of  the  authority  vested  m  me,  I  hereby  estabhsh  the 
following  Order  for  the  Canal  Zone : 

Section  1.  A  Land  Office  for  the  Canal  Zone  is  hereby  created 
under  the  jurisdiction  of  the  Department  of  Law,  and  subject  to  the 
superior  direction  of  the  Chairman  and  Chief  Engmeer.  The  Land 
Office  shall  be  in  charge  of  an  official  to  be  known  as  Land  Agent. 

Section  2.  The  papers,  maps,  records,  and  other  documents  relatmg 
to  the  lands  owned  or  controlled  by  the  United  States  m  the  Canal 
Zone  and  the  lands  auxiliary  to  the  canal  in  the  Republic  of  Panama 
outside  of  the  Canal  Zone,  when  not  otherwise  provided  by  law 
shall  be  kept  m  the  Land  Office  in  the  care  and  custody  of  the  Land 
Agent,  under  such  rules  and  regulations  as  the  Isthmian  Canal 
Commission  may  establish  from  time  to  time. 

Section  3.  It  shall  be  the  duty  of  the  Land  Agent  to  render  assist- 
ance to  the  Head  of  the  Department  of  Law  in  all  matters  relatmg  to 
the  investigation  of  land  claims  and  land  titles;  and  under  the  direc- 
tion of  that  officer  he  shall  have  the  supervision  of  Government  lands 
to  prevent  unauthorized  intrusions  thereon;  and  shall  perform  such 
other  duties  as  may  be  assigned  to  him  m  accordance  with  law.  He 
shall  have  such  assistants  and  other  help  as  may  be  authonzed  by 
the  Chairman  and  Chief  Engmeer. 

Section  4.  The  Isthmian  Canal  Commission  may  adopt  rules  and 
rec^ulations  for  the  government  of  the  Land  Office,  in  conformity  with 
this  Order  and  not  inconsistent  ^^ith  the  Executive  Order  of  October  7, 
1910  entitled:  "Executive  Order.  To  prescribe  the  manner  of  leas- 
ing public  lands  in  the  Canal  Zone." 

Section  5  The  Isthmian  Canal  Commission  is  hereby  authonzed  to 
enter  into  an  arrangement  with  the  Panama  Railroad  Company  to 
consoUdate  the  said  Company's  Land  Office  with  the  Land  Office 
hereby  created,  and  by  which  the  papers,  maps,  records,  and  other 
documents  affecting  the  Panama  Railroad  Company  s  lands  m  the 
Canal  Zone  and  the  Republic  of  Panama  may  be  transferred  to  the 
Land  Office  created  by  this  Order,  there  to  be  kept  m  the  custody  of 
the  Land  Agent  for  the  use  and  benefit  of  the  Railroad  Company; 
and  the  arrangement  so  made  may  provide  that  the  work  now  done 
by  the  personnel  in  the  Panama  Railroad  Company  s  Land  Office, 
hicluding  land  surveys  and  investigatk)n  of  land  clamis  may  be  done 
by  the  government  Land  Agent  and  other  personnel  of  the  Canal 
Commission. 


ISTHMIAN    CAXAL.  COMMISSIOlSr.  217 

The  arrangement  hereby,  authorized  shall  be  effected  upon  su-ch 
terms,  in  respect -to  reimbursement  and  other  compensation  from 
the  Panama  Railroad  Company  to  the  Commission,  as  may  be  agreed 
upon  by  the  Isthmian  Canal  Commission  and  the  Panama  Railroad 
Company. 

Section  6.  This  Order  shall  take  effect  thirty  days  from  and  after 
this  date. 

Wm  H  Taft. 

The  White  House,  January  19,  1911. 


218  EXECUTIVE   OEDEES. 


To  Provide  a  Method  of  Executing  and  Recording  Deeds,  and 
TO  Repeal  the  Executive  Order  Dated  March  12,  1907, 
Effective  April  15,  1907,  Relating  to  the  Same  Subject. 

Article  1.  No  convej'^ance  of  immovable  property  or  ol"  an  interest 
therein,  or  a  mortgage  thereon,  shall  be  effective  except  by  an  instru- 
ment in  writing,  executed  and  delivei'ed  between  parties  competent 
to  contract,  and  sulFiciently  describmg  the  property  coiive3x^d,  or 
.  mortgaged,  and  signed  by  the  person  executing  the  same,  or  if  he  is 
not  able  to  write  he  shall  affix  his  mark  thereto, — and  cUily  acknowl- 
edged in  accordance  with  the  provisions  of  this  order,  before  some 
officer  authorized  to  take  acknowledgments,  provided,  however,  that 
a  copy  of  any  instrument  in  writing,  affecting  immovable  property  in 
the  Canal  Zone,  duly  executed  before  a  Notary  Public  m  the  Republic 
of  Colombia  prior  to  November  3,  1903,  or  in  the  Republic  of  Panama 
after  said  date,  and  authenticated  by  the  Notary  Pul)lic  charged  with 
the  custody  of  the  protocol  contammg  the  original  deed  from  which 
the  copy  was  taken,  shall  be  valid  and  effective  as  a  conveyance  of  the 
lands  or  interests  in  the  lands  therem  described. 

Art.  2.  The  acknowledgments  provided  for  in  this  order  shall  be 
made  in  the  manner  and  form  pi-ovided  for  the  husband's  acknowl- 
edgment in  the  Executive  Order  of  August  20,  1910,  entitled 
"Executive  Order. — Conveyance  of  Real  Estate  by  Married  Women." 

Art.  3.  If  for  anj"  reason  the  Grantor  in  the  instrument  cannot 
appear  before  the  officer  aiithorized  to  take  acknowledgments,  the 
execution  of  such  instrument  must  be  attested  by  not  less  than  two 
subscribing  witnesses,  and  may  be  proven  by  the  oath  of  one  of  the 
subscribing  witnesses  to  such  instrument,  taken  before  any  of  the 
officers  authorized  to  take  acknowledgments,  to  the  effect  that  he 
subscribed  such  instrument  as  a  \\dtness  at  the  request  of  the  grantor, 
who  signed  the  same  in  his  presence,  or  who  acknowledged  to  him 
that  he  had  signed  the  same,  for  the  purposes  and  consideration 
therein  expressed. 

The  Certificate  of  Acknowledgment  shall  be  sufficient  if  it  is  sub- 
stantially in  the  following  form: 

The Judicial  Circuits 

Canal  Zone.  / 

Before  me , ,  in  and  for ,-  in  the  Canal  Zone, 

on  this  day  personally  appeared known  to  me  (or  proven  to  me  on  the 

oath  of ,  a  credible  witness,)  to  be  the  person  whose  name  is  subscribed 

as  a  witness  to  the  foregoing  instrument,  and  after  being  duly  sworn  by  me,  on  his 


ISTHMIAN    CANAI^   COMMISSION,  219 

oath  deposes  that  he  subscribed  the  same  as  such  witness  at  the  request  of , 

the  grantor  named  in  the  foregoing  instrument,  and  that  he  saw  the  grantor  execute 
the  same  (or  that  the  grantor  acknowledged  to  him  that  he  had  executed  the  same,  as 
the  case  may  be,)  for  the  pm-poses  and  consideration  therein  expressed. 
Given  under  my  hand  and  seal  of  office  this day  of A.  D 


Art.  4.  The  officers  authorized  to  take  acknowledgments  under 
this  order  shall  issue  proper  certificates  of-  all  acknowledgments  taken 
or  proven  before  them. 

Art.  5.  The  Clerk  of  the  Circuit  Court  of  the  First  Judicial  Circuit 
of  the  Canal  Zone  shall  be,  ex  officio,  Registrar  of  Property  of  the 
Canal  Zone,  and  it  shall  be  his  duty  to  record  all  instruments  author- 
ized to  be  recorded  by  this  order,  or  any  other  law  or  order  of  the 
Canal  Zone,  and  presented  to  him  for  record,  in  a  well  bound  book  or 
books  kept  by  him  for  that  purpose,  and  he  shall  attach  a  certificate 
to  each  deed  so  recorded  by  him;  which  certificate  shall  state  the  date 
and  hour  of  the  filing  of  the  instrument  for  record,  as  well  as  the  book 
and  page  or  pages  of  the  record  upon  which  the  same  is  recorded; — 
and  shall  be  signed  by  him  under  his  official  title,  and  shall  be  im- 
pressed with  his  seal.  The  seal  of  the  Registrar  shall  contain  the 
words  "Registrar  of  Property  of  the  Canal  Zone." 

He  shall  keep  an  index,  direct  and  cross,  of  the  instruments 
recorded  by  him,  which  shall  show  the  names  of  the  grantor  and 
grantee  of  each  instrument  recorded  by  him,  the  date  of  the  instru- 
ment and  the  date  of  the  filing  of  the  same,  and  the  book  and  page 
or  pages  in  which  it  is  recorded. 

Art.  6.  It  shall  be  the  duty  of  the  Registrar  of  Property  to  keep  a 
file  docket  wherein  he  shall  note  the  filing  of  all  instruments  when 
presented  to  liim  for  record,  ^^^licll  docket  shall  contain  the  names  of 
the  parties  to  the  instrument,  the  date  of  the  same,  and  the  date  and 
hour  of  its  filing  in  the  Registrar's  office;  and  all  such  instruments 
shall  be  deemed  to  have  been  recorded  from  the  time  of  such  filing. 

Art.  7.  No  instrument  in  writing  shall  be  admitted  to  record  in 
the  Registrar's  office  except  such  as  are  acknowledged  or  authenti- 
cated in  the  manner  provided  for  in  this  order. 

Art.  8.  The  instruments  described  in  Article  1  of  this  order,  and 
executed  in  conformity  therewith,  as  Vvell  as  the  instruments  de- 
scribed in  the  Executive  Order  of  August  20,  1910,  entitled  "Execu- 
tive Order. — Conveyance  of  Real  Estate  by  Married  Women",  and 
executed  in  accordance  therewith,  shall  be  admitted  to  record  in  the 
Registrar's  Office. 

Art.  9.  A  cop}^  of  any  Notarial  deed  relating  to  property  in  the 
Canal  Zone,  taken  from  the  records  in  the  office  of  the  Registrar  of 
Property  of  Panama  or  Colon,  Republic  of  Panama,  and  recorded 
therein  prior  to   February  26th,    1904,   and   duly   certified   by   the 


220  EXECUTIVE   OEDERS. 

Kegistrar  issuing  the  same,  shall  be  recorded  in  the  office  of  the  Regis- 
trar of  Propert}^  of  the  Canal  Zone,  in  like  manner  as  provided  for 
deeds  executed  in  the  Canal  Zone. 

Art.  10.  In  all  cases  in  which  Spanish  documents  are  admitted  to 
registration  under  the  provisions  of  tliis  order,  such  documents  shall 
be  accompanied  by  English  translations  wliich  shall  be  recorded 
with  them. 

Art.  11.  A  copy  of  an}^  final  judgment  or  decree  of  a  court  of  com- 
petent jurisdiction  of  the  Canal  Zone,  vesting  the  title  to  immovable 
property  or  any  interest  therein,  in  one  or  more  of  the  parties  to  said 
judgment  or  decree,  and  duly  certified  by  the  clerk  of  the  court  in 
which  the  judgment  or  decree  was  rendered,  as  being  a  true  copy  of 
such  judgment  or  decree  as  the  same  appears  in  the  records  of  the 
court,  shall  be  admitted  to  record  in  the  Registrar's  office  in  like 
manner  as  pro\dded  herein  for  deeds  executed  in  the  Canal  Zone. 

Art.  12.  A  copy  of  a  judgment  or  decree  of  a  court  of  competent 
jurisdiction  of  the  Republic  of  Panama,  affecting  immovable  property 
situated  in  tlie  Canal  Zone,  rendered  prior  to  the  26th  day  of  February 
1904,  and  duly  certified  by  the  clerk  or  secretary  of  the  court  rendering 
such  judgment  or  decree,  and  by  the  judge  thereof,  when  the  signature 
of  the  said  judge  is  authenticated  by  the  Secretary  of  Foreign  Rela- 
tions of  Panama,  shall  in  like  manner  be  admitted  to  record  in  the 
Registrar's  office  under  the  provisions  of  this  order. 

Art.  13.  No  deed  or  other  instrument  in  writing  affecting  immov- 
able property  shall  be  valid  against  subsequent  creditors  of,  or  bona 
fide  purchasers  for  value,  without  notice,  from  the  owner  of  such 
property,  unless  the  same  shall  have  been  recorded  with  the  Registrar 
of  Property  of  the  Canal  Zone. 

Art.  14.  The  Registrar's  offices  at  Empire  and  Cristobal  shall  be 
discontinued  on  and  after  the  date  on  which  this  order  goes  into  effect, 
and  the  books  and  records  of  immovable  property  in  those  offices  shall 
be  transferred  to  the  Registrar's  office  hereby  created,  and  shall  be- 
come a  part  of  the  records  of  his  office:  and  after  this  order  takes  effect 
all  deeds,  or  other  instruments,  required  to  be  recorded  by  the  provi- 
sions of  this  order  or  an}'  other  law  or  order  of  the  Canal  Zone,  shall  be 
recorded  in  the  office  of  the  Registrar  herein  provided  for. 

Art.  15.  The  Registrar  of  Property  shall  be  entitled  to  charge  for 
his  services  rendered  as  Registrar,  the  following  fees.  United  States 
currency: 

For  each  instrument  recorded,  including  his  certificate  thereto  ten 
cents  per  foHo  of  one  hundred  words:  but  no  charge  shall  be  less  than 
fifty  cents  for  any  one  instrument. 

For  each  certified  copy  issued  by  him  of  an  instrument  recorded  in 
his  office,  including  certificate  thereto,  ten  cents  per  folio  of  one  hun- 


ISTHMIAN    CANAL  COMMISSION.  221 

dred  words:  but  no  charge  shall  be  less  than  fifty  cents  for  each  copy 
thereof. 

For  searching  his  records  and  giving  a  certificate  thereto  of  any 
fact  or  facts  contained  in  his  records,  fifty  cents  for  each  certificate: 
provided  that  where  more  than  one  record  book  is  searched  he  may 
charge  twenty-five  cents  for  each  additional  book. 

The  fees  so  collected  by  the  Registrar  of  Property  shall  be  turned 
in  by  him  to  the  Canal  Zone  Treasury. 

Art.  16.  Any  instrument  in  writing  mentioned  in  Article  1  of  this 
order  and  duly  acknowledged  or  authenticated  in  the  manner  therein 
described,  and  any  deed  or  other  instrument  executed  and  acknowl- 
edged in  accordance  with  the  provisions  of  the  said  order  of  August 
20th,  1910,  relating  to  conveyances  by  married  women,  may  be  used 
in  evidence  on  the  trial  of  any  action  or  special  proceedings  without 
the  necessity  of  proof  of  its  execution  unless  such  instrument  is 
attacked  for  forgery  by  the  affidavit  of  the  adverse  parties:  provided, 
however,  that  such  instrument  shall  not  be  admissible  in  evidence 
without  proof  of  its  execution  unless  the  same  or  a  copy  thereof  be 
filed  with  the  clerk  of  the  court  wherein  such  action  or  special  pro- 
ceeding is  pending,  and  due  notice  is  given  to  the  opposite  party  or 
his  attorney  at  least  three  days  before  the  trial  of  such  action  or 
special  proceeding. 

Art.  17.  A  copy  of  any  instrument  duly  recorded  under  the  provi- 
sions of  this  order  and  certified  to  by  the  Registrar  in  charge  of  the 
record,  may  be  used  in  evidence  in  any  judicial  proceedings  in  like 
manner  and  effect  as  might  be  done  with  the  original  if  produced,  pro- 
vided such  certified  copy  is  filed  with  the  clerk  of  the  court  wherein 
the  action  or  proceeding  is  pending,  and  due  notice  of  the  filing  of  such 
copy  is  given  to  the  adverse  party  or  his  attorney  at  least  three  days 
before  the  trial  or  proceedings  in  which  the  said  copy  is  to  be  produced 
in  evidence. 

Art.  18.  All  orders  or  decrees  and  parts  thereof  in  conflict  with  this 
order  are  hereby  repealed,  and  the  Executive  Order  of  March  12,  1907, 
effective  April  15,  1907,  relating  to  the  execution  and  recording  of 
deeds  is  also  hereby  repealed :  provided,  however,  that  this  order  shall 
not  affect  a  deed  or  other  instrument  relating  to  immovable  property 
executed  pursuant  to  the  said  order  of  March  12,  1907,  prior  to  the 
date  on  which  this  order  shall  take  effect,  and  provided  further  that 
this  order  shall  not  be  construed  to  modify  in  any  manner  the  Execu- 
tive Order  of  August  20th,  1910,  relating  to  the  conveyance  of  real 
estate  by  married  women. 

Art.  19.  This  order  shall  take  effect  sixty  days  from  its  date. 

Wm  H  Taft. 

The  White  House,  February  2,  1911. 


222  EXECUTIVE   ORDERS. 


By  authority  of  the  President,  it  is  ordered  that  the  Executive 
Order  of  December  23,  1908,  limiting  the  employment  and  providing 
for  the  discharge  of  ahens,  shall  not  apply  to  Juan  Yampero,  a  native 
of  the  Philippine  Islands. 

Robert  Shaw  Oliver, 

Acting  Secretary  of  ^Var. 
War  Department, 

Washington,  D.  0.,  March  11,  1911. 


ISTHMIAN   CANAL  COMMISSION.  223 


JUSTICES    OF   THE    SUPREME    COURT. 

Under  authority  vested  in  me  by  law,  and  until  otherwise  provided 
by  law  or  ordered,  Walter  W.  Warwick  is  appointed  an  Associate 
Justice  of  the  Supreme  Court  of  the  Canal  Zone,  at  a  salary  of  six 
thousand  dollars  per  annum,  effective  the  day  he  enters  on  the  duties 

of  the  office. 

Wm.  H.  Taft. 
The  White  House,  March  16,  1911. 


224  EXECUTIVE   OBDERS. 


Under  authority  vested  in  me  by  law,  and  until  otherwise  provided 
by  law  or  ordered,  Thomas  E.  Brown,  Jr.,  is  appointed  an  Associate 
Justice  of  the  Supreme  Court  of  the  Canal  Zone,  at  a  salary  of  six 
thousand  dollars  ($6,000,)  per  annum,  effective  the  day  he  enters  on 
the  duties  of  the  office. 

Wm.  H.  Taft. 

The  White  House,  March  16,  1911. 


ISTHMIAN    CANAL   COMMISSION.  225 


On  January  1,  1911,  for  the  purposes  of  economy,  certain  store- 
houses of  the  Panama  Railroad  Company  were  consolidated  with  the 
storehouse  operated  by  the  Quartermaster's  Department  of  the 
Isthmian  Canal  Commission  and  all  the  employees  of  the  Panama  Rail- 
road Company  whose  services  were  needed  in  the  consolidated  store- 
house were  transferred  to  the  Isthmian  Canal  Commission.  Among 
the  employees  so  transferred  are  Francis  E.  Huck,  Jr.,  Reuben  B. 
Luker,  Edmund  Sale,  Peter  Stuart,  and  Carl  M.  Williams,  who  have 
been  employed  as  clerks  by  the  Panama  RaUroad  Company  for  a  num- 
ber of  years,  during  which  time  they  have  rendered  satisfactory 
service,  and  since  January  1,  1911,  have  been  temporarily  employed 
under  the  civil  service  rules. 

These  persons  may  be  retained  and  become  a  part  of  the  classified 
force  of  the  Isthmian  Canal  Commission  under  section  6  of  CivU 
Service  Rule  II  but  with  the  same  restrictions  applicable  to  clerks 
appointed  on  the  Isthmus  without  a  competitive  status,  who  in  order 
to  be  transferred  must  pass  a  competitive  examination  and  be  reached 
for  certification.  The  classification  of  these  persons  is  made  upon 
the  recommendation  of  the  Isthmian  Canal  Commission  with  the 
concurrence  of  the  Secretary  of  War  and  the  Civil  Service  Com- 
mission. 

Wm.  H.  Taft. 

The  White  House,  March  W,  1911. 


I 


226  EXECUTIVE   OEDEES. 


By  virtue  of  the  authority  invested  in  me,  I  liereby  establish  the 
following  Order  for  tlie  Canal  Zone: 

Article  1.  If  an}^  person  after  having  been  convicted  and  having 
served  a  sentence  of  imprisonment  in  the  Canal  Zone,  and  after  being 
deported  therefrom,  returns  to  the  Canal  Zone,  he  shall  be  deemed 
guilty  of  a  felony  and  punished  by  imprisonment  in  the  penitentiary 
for  one  year,  and  thereafter  removed  from  the  Canal  Zone  in  accord- 
ance with  the  laws  and  orders  relating  to  deportation. 

Art.  2.  This  order  shall  take  effect  from  and  after  this  date. 

Wm.  H.  Taft. 
The  White  House,  May  2,  1911 


ISTHMIAN    CANAL   COMMISSION.  227 


Relating  to  the  Arrest  and  Discharge  of  Deserting  Seamen. 

By  virtue  of  the  Authority  vested  in  me,  I  hereby  estabhsh  the 
following  Order  for  the  Canal  Zone : 

1.  If  any  seaman  who  shall  have  signed  a  contract  to  perform  a 
voyage  shall  absent  hiinself  from  an  American  vessel  at  any  port  or 
place  in  the  Canal  Zone,  without  leave  of  the  master,  or  officer 
commanding  in  the  absence  of  the  master,  such  master  or  the^  Col- 
lector of  Revenues  or  his  deputy  acting  as  the  Shipping  Commis- 
sioner may  make  complaint  against  such  absent  seaman  to  the  judge 
of  any  Circuit  Court  of  the  Canal  Zone,  who  thereupon  shall  issue 
his  warrant  against  the  seaman  complained  of  in  order  that  he  may 
be  brought  before  him  to  answer  the  complaint;  and,  after  a  hearing 
before  said  judge,  if  it  shall  appear  that  the  seaman  had  signed  a 
contract  to  perform  a  voyage  on  the  vessel  and  that  the  voyage 
agreed  for  is  not  finished  or  altered,  or  that  the  contract  was  not 
otherwise  dissolved,  and  that  such  seaman  has  deserted  the  vessel^ 
or  absented  himself  therefrom  without  leave,  the  judge  shall  commit 
him  to  jail  to  remain  there  until  the  vessel  shall  be  ready  to  proceed 
on  her  voyage,  or  until  the  master  shall  require  his  discharge,  and 
then  to  be  delivered  to  the  master,  the  latter  paying  all  the  costs  of 
such  commitment  which  may  be  deductetl  by  him  from  the  wages 
due  to  such  seaman. 

2.  If  it  shall  appear  on  the  hearing  hereinbefore  provided  for  that 
the  voyage  of  the  vessel  is  continued  contrary  to  agreement,  or  that 
the  vessel  is  badly  provisioned,  or  unseaworthy,  or  that  the  officers  of 
the  ship  have  been  guilty  of  cruel  treatment  toward  the  seaman,  he 
shall  be  discharged  and  the  judge  shall  require  the  master  to  pay  to 
such  seaman  one  month's  wages  over  and  above  the  wages  due  at  the 
time  of  discharge,  and  to  provide  him  with  adequate  employment  on 
board  some  other  vessel,  or  pro\ide  Mm  with  a  passage  on  board  some 
other  vessel  bound  to  the  port  from  which  he  was  originally  shipped,, 
or  to  the  most  convenient  port  of  entry  in  the  United  States,  or  to  a 
port  agreed  to  by  the  seaman,  and  the  seaman  shall  have  a  lien  on 
the  vessel  to  compel  compliance  with  the  order  of  the  judge,  who  shall 
have  authorit}^  to  issue  all  writs  necessary  to  enforce  liis  jurisdiction;, 
and  the  judge  shall  cause  to  be  entered  upon  the  crew  hst  and  shipping 
articles  and  official  log  the  cause  of  discharge  and  the  particulars  in 
wliich  the  cruel  or  unusual  treatment  consisted,  and  shall  cause  his 
name  to  be  subscribed  thereto  officially,  and  shall  cause  the  entry  made 
in  the  official  log  to  be  read  to  the  master.  The  latter's  reply  thereto,, 
if  any,  shall  hkewise  be  caused  to  be  entered  and  subscribed  in  the; 
same  manner. 


228  EXECUTIVE   ORDERS. 

3.  If  any  consul  or  vice-consul  of  any  foreign  government,  who  is 
commissioned  to  the  government  of  the  Republic  of  Panama  and  is 
recognized  by  the  United  States  in  the  Canal  Zone,  such  foreign 
government  liaAdng  a  treaty  \vith  the  United  States,  or  with  the 
RepubUc  of  Panama,  stipulating  for  the  restoration  of  seamen  desert- 
ing, shall  make  application  in  writing  stating  that  the  person  therein 
named  has  deserted  from  a  vessel  of  any  such  government  wliile  in 
any  port  of  the  Canal  Zone,  and  shall  furnish  proof  by  the  exhibition 
of  the  register  of  the  vessel,  sliip's  roll,  or  other  oflicial  document,  that 
the  person  named  belonged,  at  the  time  of  the  desertion,  to  the  crew 
of  such  vessel,  it  shall  be  the  duty  of  an}^  judge  of  any  Circuit  Court  of 
the  Canal  Zone,  to  issue  warrants  to  cause  such  person  to  be  arrested 
for  examination.  If,  on  examination,  the  facts  stated  are  found  to  be 
true,  the  person  arrested,  not  being  a  citizen  of  the  United  States,  or 
of  the  Republic  of  Panama,  shall  be  deUvered  up  to  the  consul  or  vice- 
consul,  to  be  sent  back  to  the  dominions  of  any  such  government,  or, 
on  the  request  and  at  the  expense  of  the  consul  or  vice-consul,  shall 
be  detained  until  the  consul  or  vice-consul  finds  an  opportunity  to 
send  him  back  to  the  dominions  of  any  such  government.  Xo  person 
so  arrested  shall  be  detained  more  than  two  months  after  Ms  arrest; 
but  at  the  end  of  that  time  shall  be  set  at  Hberty,  and  shall  not  be 
again  molested  for  the  same  cause.  If  any  such  deserter  shall  be 
found  to  have  committed  any  crime  or  offense,  his  surrender  may  be 
delayed  until  the  tribunal  before  which  the  case  shall  be  pending,  or 
may  be  cognizable,  shall  have  pronounced  its  sentence,  and  such 
sentence  shall  have  been  carried  into  effect. 

4.  This  Order  shall  take  effect  from  and  after  this  date. 

Wm.  H.  Taft. 
The  White  House,  May  6,  1911. 


ISTHMIAN    CANAL   COMMISSION.  229 


Government  of  the  Insane  Asylum  for  the  Canal  Zone. 

By  virtue  of  the  authority  vested  in  me  I  hereby  establish  the  fol- 
lowing Executive  Order  for  the  Canal  Zone : 

Section  I.  The  Asylum  for  the  Insane  at  Ancon,  as  heretofore,  shall 
be  under  the  jurisdiction  of  the  Department  of  Sanitation.  The  pbject 
of  said  Asylum  shall  be  the  curative  treatment  of  the  insane. 

Sec.  II.  The  Superintendent  of  the  Ancon  Hospital  shall  be  the 
administrative  chief  of  the  Asylum  for  the  Insane,  subject  to  existing 
laws  and  orders,  and  to  such  rules  and  provisions  as  may  be  issued  by 
the  Department  of  Sanitation  in  accordance  with  existing  laws  and 
orders.  He  shall  be  in  charge  of  the  general  inspection  of  buildings, 
grounds  and  equipment,  and  shall  have  the  supervision  over  the  pro- 
fessional and  administrative  personnel  of  the  Asylum  and  over  the 
inmates,  and  shall  satisfy  himself  that  all  patients  receive  the  care 
and  medical  treatment  which  is  best  adapted  to  their  comfort  and 
recovery. 

He  shall  see  that  a  proper  register  of  the  patients  is  kept,  showing 
their  names,  previous  residence,  occupation,  origin  and  antecedents, 
and  condition  at  the  time  of  admission,  and  their  mental  and  phys- 
ical condition,  as  well  as  their  medical  treatment  during  the  time  of 
their  stay  in  the  Asylum  shall  be  recorded.  The  death  or  discharge 
of  patients  shall  be  entered  in  the  register. 

Sec.  III.  No  person  declared  to  be  insan-e  shall  be  kept  in  a  jail, 
prison,  hospital  for  the  sick  or  other  similar  institution,  but  shall  be 
sent,  with  the  proper  precautions,  to  the  Asylum  for  the  Insane 
herein  provided  for. 

Sec.  IV.  The  Superintendent  of  Ancon  Hospital,  through  the  phy- 
sician in  charge  of  the  Insane  Asylum,  may  discharge  any  patient 
upon  filing  in  liis  office  a  written  statement  that  in  liis  judgment  such 
patient  has  recovered,  or  that  the  discharge  will  not  be  detrimental 
or  dangerous  to  the  pubUc  welfare  or  injurious  to  the  patient,  pro- 
vided, that  before  discharging  any  patient  who  has  not  recovered  the 
Superintendent  shall  satisfy  liimself  by  adequate  investigation  that 
the  relatives  or  friends  of  the  patient  are  able  and  willing  to  receive 
and  care  for  such  patient. 

No  patient  shall  be  discharged  without  suitable  clothing. 

The  discharges  referred  to  in  this  section  do  not  apply  to  com- 
mitments on  judicial  orders  in  criminal  cases,  in  which  cases  the 
discharges  can  be  granted  only  by  the  Court  which  directed  the 
commitment  of  the  prisoner. 


230  EXECUTIVE   OEDERS. 

Sec.  V.  No  person  shall  be  admitted  as  a  patient  in  the  Asylum 
for  the  Insane  except  upon  the  order  of  a  Circuit  Judge  of  the  Canal 
Zone,  provided,  that  if  a  })atient  is  in  a  state  of  violent  insanity  he 
may  be  admitted  at  once  into  the  quarters  hereinafter  provided  for 
the  observation  of  persons  alleged  to  be  insane,  without  an  order  of 
court,  upon  the  written  request  of  the  District  Physician  to  the  Super- 
intendent of  /Vncon  Hospital;  or  the  patient  may  be  admitted  to  the 
observation  quarters  by  said  Superintendent  without  such  request, 
in  the  absence  of  the  District  Physician. 

It  shall  be  the  duty  of  the  Superintendent  of  Ancon  Hospital  to 
report  the  case  in  writing  to  the  Circuit  Judge,  witliin  twenty-four 
hours  after  the  patient  has  ])een  admitted  to  the  observation  quarters, 
and  as  soon  as  the  Judge  shall  have  received  the  report  he  shall  pro- 
ceed to  examine  and  determine  the  case  in  like  manner  as  if  the  peti- 
tion had  been  presented  to  him  prior  to  the  patient's  admission  into 
observation  quarters. 

Sec.  VI.  To  obtain  the  judicial  order  provided  for  in  the  preceding 
section  it  shall  be  necessary  for  the  nearest  relative  of  the  person 
alleged  to  be  insane  to  present  a  petition,  duly  subscribed  and  sworn 
to  by  the  petitioner,  to  the  Judge  of  any  Circuit  Court  of  the  Canal 
Zone,  wliich  petition  shall  state  the  sex,  age  and  nationality,  if  known, 
of  the  patient,  and  the  facts  showing  liis  mental  infirmit}",  and,  if 
possible,  the  history  of  the  case  and  the  form  of  insanity  with  which 
he  is  suffering  and  the  attending  circumstances  making  it  necessary 
that  he  be  confined  in  the  Asylum.  The  petition  shall  be  accom- 
panied by  a  certificate  signed  by  one  or  more  reputable  physicians  to 
the  effect  that  such  person  is  insane. 

When  the  nearest  relatives  of  the  person  alleged  to  be  insane  are 
absent  or  refuse  to  act  the  petition  may  be  made  by  the  District  Judge 
of  the  District  in  which  the  patient  resides  or  is  to  be  found,  at  the 
time  the  application  is  made,  and  in  that  event  it  shall  state  that  the 
nearest  relatives  of  the  person  alleged  to  be  insane  are  absent  or  refuse 
to  act. 

§EC.  VII.  The  petition  provided  for  in  the  preceding  section  shall 
take  precedence  over  all  other  matters  pending  before  the  court  and 
shall  be  heard  by  the  judge  thereof  without  delay,  and  if  the  facts 
stated  therein  are  sufficient  to  satisfy  him  of  the  msanity  of  the  person 
sought  to  be  confmed  he  shall  issue  orders  at  once  directing  that  the 
person  alleged  to  be  insane  be  taken  into  custody  and  placed  in  quar- 
ters hereinafter  provided,  for  tlie  proper  observation  of  the  case. 

The  order  of  the  Judge  directing  that  the  person  alleged  to  be 
insane  be  placed  under  observation  shall  be  sufficient  authority  for 
the  Superintendent  of  the  As3'lum  to  admit  the  patient  into  the  insti- 
tution for  the  purposes  of  observation,  there  to  remain  until  the 
observation  is  concluded;  and  the  Judge  shall  direct  in  said  order 


ISTHMIAN    CANAL  COMMISSION.  231 

that  if  the  observation  shall  show  that  the  patient  is  not  insane  he 
shall  be  set  at  liberty  at  once,  and  the  medical  officer  in  charge  of 
such  observation  shall  forthwith  report  his  action  thereon  to  the 
judge  who  issued  the  order. 

The  observation  of  the  alleged  insane  person  shall  be  made  in 
suitable  quarters  within  the  asylum  grounds,  by  the  chief  medical 
officer  thereof,  or  under  his  direction,  and  shall  be  for  a  period  of  not 
more  than  thirt}''  days,  and  the  judge  who  issued  the  order  for  the 
detention  of  the  patient  may  require  the  medical  officer  in  charge  of 
the  case  to  make  reports  thereon  to  him  from  time  to  time. 

Sec.  VIII.  The  observation  provided  for  in  this  law  may  be  carried 
on  at  the  residence  of  the  alleged  insane  person,  when,  in  the  oj5inion 
of  the  Judge,  that  may  be  done  with  safety  to  the  patient  and  the 
public :  and  in  such  cases  the  Judge  may  impose  such  limitations 
and  conditions  as  in  his  judgment  the  interest  of  the  patient  and 
the  safety  of  the  public  demand. 

Sec.  IX.  It  shall  be  the  duty  of  the  physician  in  charge  of  the  obser- 
vation to  examine  the  patient  and  observe  the  symptoms  of  his  case : 
within  thirty  da3^s  after  the  patient  is  placed  under  observation  the 
medical  officer  in  charge  of  the  case  shall  make  his  report  thereon  in 
writing,  and  shall  state  whether  the  patient  is  sane  or  insane.  The 
report  shall  contain  a  statement  of  the  facts  upon  which  it  is  based, 
and  shall  be  sent  to  the  court  having  jurisdiction  of  the  case,  within 
twenty-four  hours  after  the  same  has  been  subscribed  by  him. 

Sec.  X.  It  shall  be  the  duty  of  the  Judge  having  jurisdiction  of  the 
case,  within  twenty-four  hours  after  the  receipt  of  the  report  provided 
for  in  the  preceding  section  to  render  judgment  therein,  either- com- 
mitting the  patient  to  the  Asylum  for  the  Insane  or  directing  that  he 
be  turned  over  to  his  rela^tives,  able  and  willing  to  take  care  of  him,  - 
or  to  order  his  discharge,  in  accordance  with  the  findings  of  the- 
medical  officer  in  charge  of  the  case. 

Sec.  XL  The  relatives  of  the  person  alleged  to  be  insane,  or  the'- 
Piiblic  Prosecutor,  may  appear  and  contest  the  report  of  the  medical 
officer,  and  in  such  cases  the  Judge  shall  hear  the  evidence  presented 
by  the  parties  and  render  judgment  thereonj  either  committing  the 
patient  to  the  asylum  or  directing  his  discharge  as  the  law  and  the 
facts  in  the  case  may  justifJ^  '     - 

Sec.  XII.  From  the  judgment  of  the -court  rendered  in  accordanice 
with  the  preceding"  section  either  of  the  parties  may  appeal  to-  the* 
Supreme  Court  of  the  Canal  Zone,  which  court  shall  hear  and  dispose 
of  the  case  with  all  reasonable  despatch,  giving  it  precedence  over- all  ■ 
other  matters  pending  therein.  -. 

When  an  appeal  is  taken  the  trial  court  shall  issue  such  orders- us^'' 
it  may  deem  necessary  and  proper  for  the  custody  and  safe-keeping' 
of  the  pktient'diH-ihg  the  hearing  of  the  appeal.  ■-.-'-' 

98987—11 16 


232  EXECUTIVE    ORDERS. 

Any  person  interested  in  an  inmate  of  the  Asylum,  who  beUeves 
he  is  improperly  detained  therein,  may  make  application  to  the  Cir- 
cuit Judge  of  the  First  Judicial  Circuit  for  the  discharge  of  such 
patient.  Upon  the  receipt  of  such  application  the  Judge  shall  issue 
an  order  to  the  Superintendent  of  Ancon  Hospital  to  make  a  report 
on  the  patient's  condition,  and  upon  the  receipt  of  such  report  the 
Judge  shall  consider  the  same,  and,  in  his  discretion,  may  grant  or 
deny  the  application.  Should  the  Judge  be  in  doubt  as  to  the  proper 
action  to  take  he  may  cause  the  patient  to  be  examined  by  two  com- 
petent physicians  who  shall  report  to  the  Judge  in  writing  as  to 
whether  the  patient  should  be  released  or  detained  in  the  As3dum. 
If  the  physicians  recommend  the  detention  of  the  patient  the  court 
may  deny  the  application;  should  they  recommend  his  release  the 
Judge  may  grant  the  petition  and  discharge  the  patient  at  once. 

The  relatives  or  friends  of  the  patient  or  the  Public  Prosecutor,  if 
dissatisfied  with  the  ruling  of  the  Judge  may  appeal  therefrom  to  the 
Supreme  Court  of  the  Canal  Zone,  which  Court  shall  dispose  of  the 
appeal  as  in  ordinary  cases  provided  for  under  this  Order;  and  pend- 
ing the  appeal  the  trial  court  may  make  such  orders  relating  to  the 
custody  of  the  patient  as  may  best  subserve  the  interests  of  the 
patient  and  the  public. 

If  the  insane  person  shall  be  serving  a  sentence  for  the  violation 
of  the  criminal  laws,  the  Circuit  Court  of  the  Circuit  wherein  the 
conviction  shall  have  been  had  shall  have  jurisdiction  of  the  petition 
for  the  discharge  of  the  patient  from  the  Asylum. 

Sec.  XIII.  The  order  of  the  Judge  directing  that  the  patient  be 
admitted  to  the  Asylum  for  the  Insane  for  care  and  treatment  shall 
also  provide  that  the  marshal,  or  police  officer  acting  as  marshal  of 
the  court,  shall  convey  the  patient  promptly  under  proper  escort  to 
the  Asylum. 

Sec.  XIV.  If  any  person  confined  in  a  prison  or  penitentiary  under 
the  sentence  of  a  court  becomes  insane  he  shall  be  committed  to  the 
Asylum  for  the  Insane  by  the  Judge  of  the  Circuit  Court  of  the  Cir- 
cuit wherein  the  patient  received  his  sentence  of  conviction.  In  all 
such  cases  the  provisions  of  this  order,  relating  to  the  period  of  obser- 
vation of  the  patient  and  the  trial  of  the  issue  as  to  his  insanity  shall 
be  observed,  provided  however,  that  the  period  of  observation  shall 
be  carried  out  in  the  infirmary  of  the  prison  or  penitentiary,  unless 
the  Judge,  on  the  advice  of  the  Department  of  Sanitation  is  of  the 
opinion  that  it  should  take  place  elsewhere.  Whenever  a  person  is 
committed  to  the  Insane  Asylum  under  the  provisions  of  this  section, 
the  order  of  commitment  issued  by  the  court  shall  include  a  statement 
of  the  offense  of  which  the  person  was  convicted,  the  term  of  his 
imprisonment  and  the  date  upon  which  said  term  is  to  expire. 
Should  such  person  be  discharged  from  the  insane  asylum  before  the 


ISTHMIAN    CANAL   COMMISSION.  233 

date  of  the  expiration  of  his  term  of  imprisonment  he  shall  be 
returned  to  the  penal  institution  from  which  he  was  taken,  in  order 
that  he  may  finish  his  term ;  and  shall  be  set  at  liberty  if  his  discharge 
from  the  Asylum  takes  place  subsequent  to  the  date  of  the  expiration 
of  his  term  of  imprisonment. 

Sec.  XV.  All  expenses  connected  with  cases  of  insanity,  includ- 
ing the  cost  of  observation,  transportation,  care,  treatment  and 
maintenance  of  the  patients,  shall  be  borne  by  their  respective 
estates,  to  be  paid  in  due  order  of  administration  of  their  estates  in 
accordance  ■with  the  probate  laws  of  the  Canal  Zone,  and  if  the 
patients  are  insolvent  then  the  expense  shall  be  borne  by  the  rela- 
tives responsible  for  the  care  and  maintenance  of  such  patients 
under  the  law  to  be  recovered  by  the  Isthmian  Canal  Commission 
against  such  relatives  in  any  court  of  competent  jurisdiction;  and 
if  the  relatives  of  the  patients  are  also  insolvent  then  such  expendi- 
ture shall  be  paid  out  of  the  public  moneys  appropriated  for  such 
purposes. 

Sec.  XVI.  Nothing  contained  in  this  Order  shall  be  construed  to 
repeal  or  modify  the  provisions  of  the  Code  of  Criminal  Procedure 
of  the  Canal  Zone  relating  to  the  inquiry  into  the  insanity  of  the 
defendants  before  trial  or  after  conviction. 

Sec.  XVII.  Insane  patients  from  the  Republic  of  Panama  may  be 
admitted  into  the  Asylum  for  the  Insane,  herein  provided  for,  in 
accordance  with  the  existing  agreements  between  the  Canal  Zone 
authorities  and  the  Panamanian  authorities,  or  under  such  changes 
and  modifications  of  said  agreements  as  may  be  made  from  time  to 
time. 

Sec.  XVIII.  The  Canal  Commission  is  hereby  authorized  to  estab- 
lish rules  and  regulations  from  time  to  time  as  may  be  deemed  neces- 
sary for  the  government  of  the  Asylum  for  the  Insane  herein  pro- 
vided for,  subject  to  the  approval  of  the  Secretary  of  War. 

Sec.  XIX.  This  order  shall  take  effect  thirty  days  from  this  date. 

Wm.  H.  Taft. 

The  White  House,  May  10,  1911. 


234  EXECUTIVE   ORDERS. 


By  virtue  of  the  authority  in  me  vested,  I  hereby  estabhsli  the 
following  Order  for  the  Canal  Zone: 

Section  I.  Any  person  who  shall  board  any  passenger,  freight  or 
other  railway  train  in  the  Canal  Zone,  whether  moving  or  standing, 
for  any  purpose  and  without  in  good  faith  intending  to  become  a 
passenger  thereon,  and  with  no  lawful  business  thereon,  and  with 
intent  to  obtain  a  free  ride  on  such  train,  however  short  the  distance, 
without  the  consent  of  the  person  or  persons  in  charge  thereof,  shall 
be  guilty  of  a  misdemeanor,  and  shall  be  punished  b}'  fine  of  not  less 
than  five  dollars  nor  more  than  twenty  dollars. 

Sec.  II.  This  Order  shall  take  effect  thirty  days  from  this  date. 

Wm.  H.  Taft. 

The  White  House,  May  11,  1911. 


ISTHMIAN   CANAL   COMMISSION.  235 


To  Provide  for  the  Collection  of  a   Distillation  Tax. 

By  virtue  of  the  authority  vested  in  me,  I  hereby  estabhsh  the 
following  order  for  the  Canal  Zone : 

Section  I.  On  and  after  the"  date  on  which  this  order  shall  take 
effect,  there  shall  be  collected  the  sum  of  ten  cents  on  eaCli  and 
every  litre  or  fraction  thereof  of  distilled  spirits  produced  in  the  Canal 
Zone  from  grain,  starch,  sugar,  molasses  or  any  other  substance  by 
distillation,  or  any  other  alcoholic  liquors  produced  by  distillation, 
for  sale  or  consumption. 

Section  II.  Manufacturers  or  distillers  of  any  of  the  spirits  or  alco- 
holic liquors  mentioned  in  the  preceding  section  shall  make  application 
in  writing  to  the  Collector  of  Revenues  of  the  Canal  Zone,  upon  a  form 
prescribed  by  him,  for  license  to  engage  in  busmess  as  such  manu- 
facturers or  distillers.  No  application  shall  be  granted  by  the  Col- 
lector of  Revenues  unless  the  applicant  secures  the  payment  of  the 
taxes  that  may  accrue  under  the  provisions  of  this  law  by  executing 
a  bond  with  two  or  more  good  and  sufficient  sureties  to  the  satis- 
faction of  the  Collector  of  Revenues,  conditioned  upon  the  applicant's 
faithful  compliance  with  this  order  and  the  regulations  issued  there- 
under, and  that  he  will  i^ay  all  taxes  that  may  be  assessed  against 
him  under  this  order;  or  in  lieu  of  said  bond  the  Collector  of  Revenues, 
in  his  discretion,  may  require  a  money  deposit  from  such  applicant  to 
secure  the  pa3^ment  of  such  taxes.  The  said  bond  or  deposit,  as  the 
case  may  be,  to  be  subject  to  such  rules  and  regulations  in  conformity 
herewith  as  the  Isthmian  Canal  Commission  may  from  time  to  time 
establish. 

Section  III.  The  tax  herein  provided  for  shall  be  computed  upon  a 
meter  measurement  of  the  output  of  each  still  made  through  a  meter 
of  standard  make,  which  shall  be  attached  to  the  still  under  the  super- 
vision of  the  Collector  of  Revenues,  or  his  Deputy,  and  in  a  manner 
satisfactory  to  said  officer,  and  at  the  expense  of  the  owner  or  operator 
of  said  still;  and  the  Collector  of  Revenues  shall  withhold  tlie  license 
for  the  operation  of  said  still  until  the  said  meter  has  been  attached 
thereto  in  the  manner  herein  provided  for. 

Section  IV.  The  licensed  manufacturer  or  distiller  under  this  law 
shall  be  permitted  to  sell  or  otherwise  dispose  of  the  output  of  his  still, 
at  his  place  of  manufacture  or  production,  in  quantities  of  not  less  than 
five  gallons  without  the  payment  of  any  further  Ucense  tax  than  that 
prescribed  by  this  order. 


236  EXECUTIVE   OEDERS. 

Section  V.  Any  person  manufacturing  or  distilling  any  of  the  spirits 
or  alcoholic  liquors  herein  enumerated  before  obtaining  a  license  to 
do  so  from  the  Collector  of  Revenues,  or  before  installing  the  meter 
herein  prescribed,  or  who  shall  tamper  with  any  still  or  meter  or  con- 
nection thereof  with  intent  to  defraud  the  Revenues  of  the  Canal 
Zone,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  not  exceeding  One  Thousand  Dollars  ($1,000)  or 
by  imprisonment  in  the  District  Jail  for  a  term  not  exceeding  twelve 
(12)  months,  or  by  both  such  fine  and  imprisonment,  within  the  dis- 
cretion of  the  court. 

Section  VI.  The  Isthmian  Canal  Commission  may  from  time  to  time 
establish  such  rules  and  regulations  as  may  seem  necessary  to  execute 
the  provisions  of  this  order. 

Section  VII.  All  laws,  orders  or  decrees  in  conflict  with  the  pro- 
visions of  this  order  are  hereby  repealed. 

Section  VIII.  This  order  will  be  effective  thirty  days  from  tliis 
date. 

Wm.  H.  Taft 

The  White  House,  May  13,  1911. 


ISTHMIAN   CANAL   COMMISSION.  237 


By  virtue  of  the  authority  vested  in  me,  the  order  of  May  13,  1911, 
providing  for  the  collection  of  a  distillation  tax  in  the  Canal  Zone,  is 
hereby  amended  so  as  to  be  effective  August  13,  1911, 

Wm.  H.  Taft. 
The  White  House,  June  12,  1911. 


O 


L.' 


